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Rule of law – unfulfilled dream in the Western Balkans

An independent judiciary, strong institutions, free media, non-discrimination, irreproachable political elites - for now, are still unfulfilled dreams of the citizens of the Western Balkans. The rule of law is one of the most frequently mentioned phrases in the context of the region's progress towards membership in the European Union.

Officials from Brussels, as well as representatives of the most influential EU countries, do not hide they will not turn the blind eye on the Western Balkans when it comes to fulfilling tasks related to strengthening democratic principles. The European Union always learns from its mistakes. Thus, as a product of the accession experience of the countries of Central and Eastern Europe, progress in the area of the rule of law is crucial for a new approach in the membership negotiations, aimed at the countries of the Western Balkans.

The rule of law is the backbone of democracy, and without the implementation of reforms in this area, the accession of the Western Balkan countries to the EU is out of the question. The current challenges in the process of enlargement of the European Union to the Western Balkans are a good opportunity to reconsider the region's own efforts to achieve the rule of law. The rule of law is a matter of human dignity, not meeting the standards set by Brussels.

The coronavirus pandemic has only exposed the human rights and freedoms of the citizens of this region significantly lagging behind European standards. More or less, all the countries of the Western Balkans are facing tendencies to decline in the areas of the rule of law and further democratization of society.

Over the years, the European Union has been improving and upgrading the mechanisms for monitoring the rule of law for the countries of the Western Balkans, which are at least declaratory committed to the path to full EU membership. Progress in the negotiation process of these countries is directly conditioned by progress in the areas of Chapters 23 and 24.

Nevertheless, influence and progress in the field of the rule of law remain rather limited. Instead of strengthening institutions and democratic reforms, the pace and transformation of the region's societies remain slow, and a satisfactory level of all freedoms has not been achieved, yet. Paradoxically, the democratic deviation is drastically increasing after the opening of accession negotiations with the EU, as is the case in Serbia and Montenegro. Thus, Serbia and Montenegro, which have advanced the most in the accession process, instead of moving closer, are actually moving away from the EU. 

While the representatives of the authorities in Serbia say that Serbia can become a member of the EU by the end of 2026, this goal seems to be further away.

The facts show that Serbia started the accession negotiations more than 6 years ago and that during that time it opened 18 out of a total of 35 chapters, while Croatia, the last country to join the EU, managed to start negotiations in five years and nine months, met the criteria and later became a member of the EU. The situation is similar with Montenegro, which managed to open all the chapters in eight years,  but is still far from a near membership.

The stalemate and lack of political will for real improvement of the rule of law are more than obvious, so despite the fact that some chapters are fully open, a clear political message should be sent to citizens that without improving the rule of law the progress is out of the question. We should not forget that this region decided to take the European path on its own, no one forced us to do so. That is why European values should become an integral part of our lives, not just a word on paper. The European Union will not ensure that laws are respected in the Western Balkans and that institutions work in the interests of citizens.

Author: Sofija Popovic, CRTA

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Posted: Oct 6, 2020,
Comments: 0,
Author: Svetlana
Tags: Blog , BNLD , CRTA

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