EU Rule of Law Promotion

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.

MarkoKmezic is a Lecturer and Senior Researcher at the Centre for Southeast European Studies, University of Graz, Austria.

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