THE EUROPEAN UNION AND TRANSNATIONAL JUSTICE IN THE WESTERN BALKANS: A CASE STUDY OF CROATIA AND SERBIA

Abstract

Among the many international bodies and organizations that have made transitional justice a precondition for cooperation is the European Union (EU), The Union‟s strong advocacy for human rights, democracy and transitional justice during reconciliation of the Western Balkans is one of the factors that led to the bestowal of the 2012 Nobel Peace Prize ("The Nobel Peace Prize 2012 to the European Union”). This article will address the role of the EU in creating security within Europe in relation to the transitional justice that is taking place within the Western Balkans. The Union‟s involvement in the reconciliation process of the Western Balkans through the Stabilisation and Association Process (SAP) will be explored and the Union‟s European Neighborhood Policy (ENP) will also be brought into focus regarding the policy‟s means of evasion in creating a secure European neighbourhood. In order to understand the breadth of transitional justice measures taken by the Union within the Western Balkans, the case of Croatia will be taken into account, as the first country from the area to be accessed into the Union in 2012, and to some extent compared to the process that is taking place in Serbia. This article seeks to bear out how although the ENP has to a degree succeeded in establishing constitutional peace within „Wider Europe‟, the cursoriness of its role in executing transitional justice in the Western Balkans has led to the obstruction of sustainable peace within the region.