Hate Crimes in Western Balkan States and the Process of Harmonization with the EU Law

Abstract

Hate crimes are a particularly complex topic in post-conflict countries and transition countries, such as the Western Balkans countries. By signing the Stabilization and Association Agreement these countries took on the commitment to harmonize its legislation with the EU acquis. The EU legislation regulating hate crimes is composed of the Victims’ Rights Directive and the Framework Decision on Combating Certain Forms and Expressions of Racism and Xenophobia by Means of Criminal Law. The main goal of the paper is to analyse how hate crimes are regulated in Bosnia and Herzegovina, Serbia, Montenegro, Macedonia, Albania, and Kosovo and to what extent are these laws harmonized with the EU legislation. Using the normative method, the first part of the paper analyses the EU legislation and presents conclusions as to what the future member states should do, i.e. what is recommended to be done in this field. Applying the comparative legal method, the second part of the paper analyses the legislation of the Western Balkans. Special attention is given to the situation in Bosnia and Herzegovina. The last part of the paper contains conclusions regarding the level of harmonization and what still needs to be done in this process. The biggest problem in drafting this paper was the lack of up to date data on hate crimes and outdated and poorly designed websites of relevant institutions. The results reveal the legislation to be largely unharmonized. Serbia has achieved a slightly more significant progress in this regard. In terms of the remaining more tangible measures, the harmonization with the EU law is yet to be carried out.