The Battle for the Rule of Law: The Case of the Western Balkans and the EU

Abstract

Since the successful integration of the Central and Eastern European states into the European Union in the early to late 90’s, the EU wanted to try to replicate the same success in the poorer South Eastern (Balkans) states. However the long standing ethnic disputes, wide-spread corruption, little history with democracy, weak civil societies and the failure of the integration of Bulgaria and Romania, have created many barriers for the policy’s achievement. I aim to explore why the European Union’s enlargement policy integration in Western Balkans has not been nearly as successful in the Central and Eastern European states. At the heart of the enlargement policy is the establishment of democratic institution of rule of law. I will argue that the countries of the Western Balkans that have better infrastructure, cooperation with political elites and clear political incentives have the greatest rule of law acceptance. By looking at four Western Balkans states, Albania, Bosnia-Herzegovina, Croatia and Serbia, this paper will determine and access the various rule of law institutions, such as protection of minorities, the independence and efficiency of the judicial system, the fight against organized crime, the weakening of corruption, the acceptance of international laws and norms, the control of private violence, and impunity. With a combination of new data provided by the Watchdog organizations like Freedom House, European Commission reports, and various scholars’ works, I will provide a complete picture on why the enlargement policy has been half-heartedly implemented.