‘One Hand Washes the Other’ in EU’s Eastern Neighbourhood: What Policy Response?

Sergiu Buscaneanu,Christoph H Stefes

doi:10.1111/1758-5899.12886

Sergiu Buscaneanu, Christoph H Stefes

Open Access

https://doi.org/10.1111/1758-5899.12886

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Abstract

AbstractThe institutions of patronage, clientelism and nepotism are resilient and obstruct political liberalisation and democratic consolidation. This paper draws on historical (neo)institutionalism, democratisation research and studies in economic history to understand the reproduction mechanisms of informal institutions in EU’s Eastern neighbourhood, and to propose a policy response, which could have the potential to disrupt these mechanisms. Outsourcing national judiciary systems from EU’s Eastern neighbourhood to external rule of law missions might offer one solution as long as they satisfy at least two conditions: (1) they need to have a targeted executive mandate; and (2) they must be deployed with the support of an authoritative international actor, such as the EU or UN, under conditions of concerted international efforts and significant financial assistance. Local actors might oppose this infringement of national sovereignty. External rule of law missions should therefore be proposed during a democratic transition when reformers rely on external support.

Highlights

Policy Implications Outsourcing national judiciary systems to external rule of law missions, having a targeted executive mandate and the sup port of concerted international action, might prove to be one solution against the reproduction of informal institutions
Media and NGOs which specialise in investigative journalism
Western actors should maintain close ties to reform-minded politicians and civil society representatives. These actors crucially depend on Western support to fight the uphill battle of institutional reforms

Summary

Introduction

Policy Implications Outsourcing national judiciary systems to external rule of law missions, having a targeted executive mandate and the sup port of concerted international action, might prove to be one solution against the reproduction of informal institutions. Western actors should maintain close ties to reform-minded politicians and civil society representatives. These actors crucially depend on Western support to fight the uphill battle of institutional reforms. The rule of law has historically been the result of elite agreement to move from personal to impersonal relations and to turn privileges into rights. The agreement concerning the scope of rule of law regime was confined to elites. In the subsequent stage of ‘transition proper’ to open access orders, the scope was extended to the general population via access to formal institutions and ‘perpetually lived organisations’ In the subsequent stage of ‘transition proper’ to open access orders, the scope was extended to the general population via access to formal institutions and ‘perpetually lived organisations’ (North et al, 2009, p. 152)

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