Del i serien Southeast European Studies

EU Rule of Law Promotion

Judiciary Reform in the Western Balkans

Inbunden, Engelska, 2016

AvMarko Kmezic

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Do EU institutions have an influence on the implementation of the rule of law in potential candidate countries and, if so, of what kind? During the compliance monitoring process related to the effective rule of law and democracy the EU Commission tests and criticizes the effectiveness of the judiciary and strengthens the rule of law in preparation for accession. In the Western Balkans this was a process fraught with difficulties. Despite the fact that academic scholarship and democratic politics agree on rule of law as a legitimizing principle for the exercise of state authority, there is no uniform European standard for institution-building or monitoring activities by the EU in this area. With focus on the reform of the judiciary in five case study countries of Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia, this empirical research investigates the EU's transformative power with regard to the effectiveness of rule of law and judicial sector reform in its infancy. It analyses the depth and limitations of EU rule of law promotion in the Western Balkans and presents policy recommendations intended to address the shortcomings in judiciary reform.This book aims to fill the gap in the existing academic scholarship of EU politics, law and Western Balkans literature.

Produktinformation

Utgivningsdatum2016-10-19
Mått156 x 234 x 18 mm
Vikt530 g
FormatInbunden
SpråkEngelska
SerieSoutheast European Studies
Antal sidor200
FörlagTaylor & Francis Ltd
ISBN9781472485557

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Part One1. IntroductionSouth Eastern Europe in TransitionFraming the ChallengeBook StructureThe Innovative and Broader Impact of the Book 2. The Elusive Essence of the Rule of Law The Problem of KnowledgeLegal Bedrock: Rule of Law and Judicial ReformRule of Law in the Process of EU AccessionRule of Law Conditionality as a Requirement for Judicial ReformElusive Essence of Judicial GovernanceConcluding Analysis 3. Theory: Europeanization by Rule of Law Implementation EuropeanizationEuropeanization in Candidate CountriesEuropeanization by Rule of Implementation – Missing Links 4. Research Design: Cases and Methods The Analytical FrameworkResearch FocusReconceptualization of the "Spiral Theory"Cases and Methods Part Two5. Legacies of the Past as Obstacles to the EU Rule of Law Promotion IntroductionLegacies of the Social Legal CulturePost-Communist LegaciesConcluding Analysis 6. Western Balkans in the EU’s Waiting Room State of Play: Western or ‘Restern’ BalkansEU Approach to EnlargementBosnia and HerzegovinaKosovoMacedoniaMontenegroSerbiaBeyond the Autopilot Mode? 7. Judicial Reforms in the Western BalkansIndependence of the JudiciaryAccountability of the JudiciaryEfficiency of the JudiciaryEffectiveness of the Judiciary Part Three8. Comparative AnalysisIntroductionMeasuring the Results 9. Scope, Depth and Limits of EU Rule of Law Promotion in the Western BalkansDoes the Rule of Law Promotion in EU Candidate Countries Work?Mediating Factors and ConstrainsWrong Assumptions 10. ConclusionsTheoretical ConclusionsThe Way Forward: Policy Recommendations