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EU Rule of Law Promotion

Judiciary Reform in the Western Balkans

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. Les mer
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Leveringstid: Sendes innen 21 dager
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Om boka

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.

Fakta

Innholdsfortegnelse

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

Om forfatteren

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