Pre-enlargement Reform Failures in the Western Balkans: Social and Economic Preconditions of the Rule of Law

Abstract

In this paper, I investigate the attempts of the European Union to promote and entrench the rule of law standards in the Western Balkans countries. I examine the failures of legal reforms in key policy areas, such as the regulations of judicial independence, the legislative branch of government, vetting and suppression of corruption, that prevent progress in achieving the rule of law standards. I demonstrate how a narrow focus on the judiciary and its performance has harmed the standards. I propose a more specific focus on socio–economic reforms that, at first glance, appear less relevant to the rule of law. These are: higher education reforms, digitalization, decarbonization, and better targeting of anti-corruption measures. More focus on these areas allows a refocusing from a narrow conception of rule of law to other good governance reforms.