[Event] Rule of law challenges in the Western Balkans and the way forward

The European Union (EU) is based on the rule of law, and all new countries joining the EU must respect the rule of law and be committed to its promotion. So, what are the rule of law challenges faced and the gains booked so far by the countries that have officially been given the ‘candidate’ status, such as Albania, Montenegro, North Macedonia and Serbia? In the online event ‘Rule of law challenges in the Western Balkans and the way forward’ on March 29, speakers will focus on recent reforms and rule of law challenges in these countries. How can these challenges be tackled and what is the way forward? And: How are these developments perceived by the Netherlands, as one of the founding members of the EU?

Background
It’s been more than twenty years since the launch of the Stabilisation and Association Process, the European Union's policy towards the Western Balkans, aiming at the eventual integration of the region into the EU. Similarly, it’s been almost two decades since the Thessaloniki European Council (2003) officially proclaimed the membership perspective for the countries in the region.

In these past two decades, Croatia was the only country that has managed to join the EU. While accession negotiations with Serbia and Montenegro have been going on for around a decade, accession negotiations with Albania and North Macedonia have not been opened yet, despite a decision by the Council to do so.

Rule of law central to the accession process
Meanwhile, the EU has revised its accession methodology to ensure that rule of law reforms in candidate countries take root during the process of accession. In practice, this meant that within the framework of negotiations, two specific chapters, namely Chapter 23 (Judiciary and fundamental rights) and Chapter 24 (Justice, freedom and security) were to be opened first and closed last, so as to give countries the time to establish a track record of implementation of reforms in these areas.

Given the centrality of the rule of law reforms for the overall success of the accession process, the event ‘Rule of law challenges in the Western Balkans and the way forward’ will focus on the recent reforms and rule of law challenges faced by the countries that have been officially given the ‘candidate’ status, namely Albania, Montenegro, North Macedonia and Serbia. While some of these challenges are shared, such as the prevalence of corruption, attempted political interference in the work of the judiciary and difficulties in establishing efficient case management systems, there are also country-specific challenges. An example to the latter challenge would be the continued vetting process of the judiciary in Albania as part of its comprehensive justice reform, that has left its highest courts inoperative for a few years. While this process might not seem to be unique in terms of its nature, what puts it apart is its sheer scale and the fact that the majority of cases have resulted in dismissals or resignations.

Geopolitical rivalries
On top of these challenges, comes one at a much more fundamental level, one capable of frustrating most of the EU’s efforts in the region so far. The Western Balkans is the scene of great power rivalries that could shift the future geopolitical orientation of some of the countries and frustrate the reforms and gains booked so far. When economic difficulties, compounded by the pandemic, corruption, and weak democratic institutions, are coupled with the perception that the accession prospect does not seem to be getting any closer over time, the countries in the region might become vulnerable to the influence of outside powers.

Panel of speakers
What are the gains booked so far and what are the challenges facing each country? How are these developments perceived by the Netherlands, as one of the founding members of the EU? How can these challenges be tackled and what is the way forward? These are the main questions that our panel of speakers will discuss, focusing on the rule of law issues in Albania, Montenegro, North Macedonia and Serbia. The last speaker will focus on how these developments are perceived by the Dutch and European politicians. The presentations will be followed by a Q&A.

The speakers for this panel are:

1. Dr Fjoralba Caka (Tirana University, Tirana)
2. Dr Denis Preshova (Ss. Cyril and Methodius University, and External Associate for the Institute for Democracy, Skopje)
3. Mirko Đuković (PhD candidate at CEU, Vienna, and Visiting Research Fellow at Max Planck Institute for Comparative Public Law and International Law, Heidelberg)
4. Milan Antonijević (Lawyer, Senior expert for Chapters 23 and 24)
5. Thijs Reuten (Member of the European Parliament, Group of the Progressive Alliance of Socialists and Democrats)

The event will be moderated by Dr Narin Idriz (T.M.C Asser Institute).

This event is organised in the context of the Global Europe project at the TMC Asser Institute.The organisation of this event is supported by the Embassies of Albania, North Macedonia and Serbia in the Hague, and the Montenegrin Representation to the EU in Brussels.

Full programme

Read more
T.M.C. Asser Institute is cooperating on a Matra project titled ‘Bridging the gap between formal processes and informal practices that shape the judicial culture in the Western Balkans’ with partner institutes from the region, namely IDSCS, ALTRI and CEPRIS.

The first papers produced in the context of this project are:

Judicial Culture and the Role of Judges in Developing the Law in Albania by Dr Fjoralba Caka and Dr Erind Merkur

Judicial Culture and the Role of Judges in Developing the Law in North Macedonia by Denis Preshova

Judicial Culture and the Role of Judges in Developing the Law in Serbia by Dr Tanasije Marinkovic