1st Edition

EU Rule of Law Promotion Judiciary Reform in the Western Balkans

By Marko Kmezic Copyright 2017
    200 Pages 2 B/W Illustrations
    by Routledge

    200 Pages
    by Routledge

    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.

    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.