The Europeanization of National Constitutions in South East Europe

Abstract

The Europeanization of the Western Balkans requires changes of national constitutions to adjust the countries’ supreme laws in accordance with “European Standards.” This article examines the causes, dynamics, and models of these changes in Croatia, Serbia, and Bosnia and Herzegovina based on the experiences of other EU Member States. This comparative analysis reveals not only similarities and differences in democratic transition between former and future Member States, but it also sheds light on the constitutional dimension of the EU Member State Building process. While the EU does not condition membership upon constitutional changes that go beyond the Copenhagen Criteria, it can be witnessed that the implementation of the Acquis Communautaire will lead to far-reaching changes in the political, social and economic systems of future Member States. Consequently, the European Union becomes an active counselor and participant in the process of constitutional evolution in the region.