1st Edition
EU Rule of Law Promotion Judiciary Reform in the Western Balkans
Part One
1. Introduction
South Eastern Europe in Transition
Framing the Challenge
Book Structure
The Innovative and Broader Impact of the Book
2. The Elusive Essence of the Rule of Law
The Problem of Knowledge
Legal Bedrock: Rule of Law and Judicial Reform
Rule of Law in the Process of EU Accession
Rule of Law Conditionality as a Requirement for Judicial Reform
Elusive Essence of Judicial Governance
Concluding Analysis
3. Theory: Europeanization by Rule of Law Implementation
Europeanization
Europeanization in Candidate Countries
Europeanization by Rule of Implementation – Missing Links
4. Research Design: Cases and Methods
The Analytical Framework
Research Focus
Reconceptualization of the "Spiral Theory"
Cases and Methods
Part Two
5. Legacies of the Past as Obstacles to the EU Rule of Law Promotion
Introduction
Legacies of the Social Legal Culture
Post-Communist Legacies
Concluding Analysis
6. Western Balkans in the EU’s Waiting Room
State of Play: Western or ‘Restern’ Balkans
EU Approach to Enlargement
Bosnia and Herzegovina
Kosovo
Macedonia
Montenegro
Serbia
Beyond the Autopilot Mode?
7. Judicial Reforms in the Western Balkans
Independence of the Judiciary
Accountability of the Judiciary
Efficiency of the Judiciary
Effectiveness of the Judiciary
Part Three
8. Comparative Analysis
Introduction
Measuring the Results
9. Scope, Depth and Limits of EU Rule of Law Promotion in the Western Balkans
Does the Rule of Law Promotion in EU Candidate Countries Work?
Mediating Factors and Constrains
Wrong Assumptions
10. Conclusions
Theoretical Conclusions
The Way Forward: Policy Recommendations
Biography
Marko Kmezić is a Lecturer and Senior Researcher at the Centre for Southeast European Studies, University of Graz, Austria.
