Do EU institutions have an influence on the implementation of the rule of law in potential candidate countries and, if so, of what kind? During the compliance monitoring process related to the effective rule of law and democracy the EU Commission tests and criticizes the effectiveness of the judiciary and strengthens the rule of law in preparation for accession. In the Western Balkans this was a process fraught with difficulties.
Despite the fact that academic scholarship and democratic politics agree on rule of law as a legitimizing principle for the exercise of state authority, there is no uniform European standard for institution-building or monitoring activities by the EU in this area. With focus on the reform of the judiciary in five case study countries of Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia, this empirical research investigates the EU's transformative power with regard to the effectiveness of rule of law and judicial sector reform in its infancy. It analyses the depth and limitations of EU rule of law promotion in the Western Balkans and presents policy recommendations intended to address the shortcomings in judiciary reform.
This book aims to fill the gap in the existing academic scholarship of EU politics, law and Western Balkans literature.
South Eastern Europe in Transition
Framing the Challenge
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
3. Theory: Europeanization by Rule of Law Implementation
Europeanization in Candidate Countries
Europeanization by Rule of Implementation – Missing Links
4. Research Design: Cases and Methods
The Analytical Framework
Reconceptualization of the "Spiral Theory"
Cases and Methods
5. Legacies of the Past as Obstacles to the EU Rule of Law Promotion
Legacies of the Social Legal Culture
6. Western Balkans in the EU’s Waiting Room
State of Play: Western or ‘Restern’ Balkans
EU Approach to Enlargement
Bosnia and Herzegovina
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
8. Comparative Analysis
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
The Way Forward: Policy Recommendations
The Balkans are a region of Europe widely associated over the past decades with violence and war. Beyond this violence, the region has experienced rapid change in recent times though, including democratization, economic and social transformation. New scholarship is emerging which seeks to move away from the focus on violence alone to an understanding of the region in a broader context drawing on new empirical research.
The Southeast European Studies Series seeks to provide a forum for this new scholarship. Publishing cutting-edge, original research and contributing to a more profound understanding of Southeastern Europe while focusing on contemporary perspectives the series aims to explain the past and seeks to examine how it shapes the present. Focusing on original empirical research and innovative theoretical perspectives on the region the series includes original monographs and edited collections. It is interdisciplinary in scope, publishing high-level research in political science, history, anthropology, sociology, law and economics and accessible to readers interested in Southeast Europe and beyond.