The European Union’s Rule of Law Promotion in the Western Balkans: Building a Rule of Law Constituency

Hogic, Nedim

doi:10.3935/cyelp.16.2020.377

Cited by 3 publications

(1 citation statement)

References 9 publications

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“…69 According to the 2006 European Council conclusions, the updated consensus on the enlargement policy enhanced the importance of the rule of law: 'accordingly, difficult issues such as administrative and judicial reforms and the fight against corruption will be addressed at an early stage'. 70 If the approach employed towards the CEE countries focused mainly on 'institution building', 71 in the case of Bulgaria and Romania and from Croatia onwards the accession process was based on the rule of law, including the fight against corruption. This approach was also reflected within the Treaty of Lisbon (Article 49 TEU) that introduced the commitment to respect the rule of law as a condition for EU membership.…”

Section: Introduction and Rise Of Chapter 23mentioning

confidence: 99%

Promoting the Rule of Law in the EU Enlargement Policy: A Twofold Challenge

Ognjanoska

2021

CYELP

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Since the rule of law was introduced into the EU enlargement policy, its role within the conditionality policy has advanced gradually so that it has become the cornerstone of the accession process. This paper analyses the evolution of the rule of law promotion in the process of EU enlargement with a focus on the Western Balkans and strives to identify what the main challenges are in this regard and the main reasons why the EU has made the rule of law central to its new enlargement methodology. Drawing on the experience of the Europeanisation process of the CEE countries, the paper examines the different approaches in terms of the promotion of the rule of law within the Copenhagen political accession criteria. It finds that with regard to the accession process of the Western Balkans, the EU is no longer satisfied with 'reforms on paper' and strives to apply more active leverage. However, the internal challenges for the rule of law within the EU and the often 'neglected' fourth Copenhagen criterion − absorption capacity of the Union itself referring to its capability to include new members − also affect the process. Rule of law conditionality has been compromised not only by more focus on the box-ticking benchmark fulfilment exercise than on substance, but also by the lack of credibility on the side of the EU that has undermined the pre-accession conditionality. The most illustrative case in this regard is the accession process of North Macedonia that is analysed as a case study in order to identify the main challenges and shortcomings of the EU enlargement policy. The paper proposes that the rule of law promotion and the overall Europeanisation process must rest on a credible merit-based accession process that involves clear commitments on both sides − candidate countries but also the EU.

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Section: Introduction and Rise Of Chapter 23mentioning

confidence: 99%

Promoting the Rule of Law in the EU Enlargement Policy: A Twofold Challenge

Ognjanoska

2021

CYELP

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Pre-enlargement Reform Failures in the Western Balkans: Social and Economic Preconditions of the Rule of Law

Hogic

2024

Hague J Rule Law

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In this paper, I investigate the attempts of the European Union to promote and entrench the rule of law standards in the Western Balkans countries. I examine the failures of legal reforms in key policy areas, such as the regulations of judicial independence, the legislative branch of government, vetting and suppression of corruption, that prevent progress in achieving the rule of law standards. I demonstrate how a narrow focus on the judiciary and its performance has harmed the standards. I propose a more specific focus on socio–economic reforms that, at first glance, appear less relevant to the rule of law. These are: higher education reforms, digitalization, decarbonization, and better targeting of anti-corruption measures. More focus on these areas allows a refocusing from a narrow conception of rule of law to other good governance reforms.

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On the Causes of the Lack of Rule of Law in the Western Balkans

Muharemović

2023

DHS

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The Western Balkan region continues to face significant challenges in establishing the rule of law. This paper examines the socio-legal factors contributing to the weakness of the rule of law in the Western Balkans. It identifies three key factors: inefficient and unaccountable state institutions, the rule of informal institutions and corruption networks, and impotent formalistic judiciary. These are traced back to underlying historical, sociological, and legal prerequisites in the region. The analysis finds that state institutions in the Western Balkans are often extractive and controlled by political elites, undermining checks and balances. Additionally, informal institutions like clan networks continue to thrive, promoting corruption and impunity. Finally, the judiciary retains vestiges of socialist legal formalism, hampering impartial adjudication. Recommendations focus on the need for substantive domestic ownership of reforms by local actors. Sustainable rule of law requires capable and accountable state institutions along with strong civic engagement. The EU and international donors must re-examine their technocratic approach and insist on tangible improvements.

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The European Union’s Rule of Law Promotion in the Western Balkans: Building a Rule of Law Constituency

Cited by 3 publications

References 9 publications

Promoting the Rule of Law in the EU Enlargement Policy: A Twofold Challenge

Promoting the Rule of Law in the EU Enlargement Policy: A Twofold Challenge

Pre-enlargement Reform Failures in the Western Balkans: Social and Economic Preconditions of the Rule of Law

On the Causes of the Lack of Rule of Law in the Western Balkans

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