Rule of Law Through Judicial Reform: A Key to the EU Accession of the Western Balkans

This paper focuses on the importance of judiciary reform as a key segment of rule of law enforcement for the EU accession of Western Balkan countries as a process mainly driven by EU assistance. The Western Balkan (WB) countries, namely Albania, Bosnia, Kosovo, Macedonia, Montenegro and Serbia are considered 'potential candidates' for European Union (EU) membership. In the EU accession process of these countries, strengthening the rule of law is considered to be of vital importance. Although the concept of the rule of law is much broader, when it comes to the rule of law requirement, judiciary reform represents the most significant component for reform in the EU accession of Western Balkan countries. Judiciary reform is so crucial to the rule of law reform that it is at times interchangeably used as having the same meaning. This is not a result of the lack of knowledge and ability to make the distinction between the two, but due to the practical importance that the judiciary plays in the rule of law. Due to the limited resources of the Western Balkan countries as well as due to the significance of the assistance, judiciary reform has primarily been driven by EU Assistance.

Ardit Memeti

Ardit Memeti


Ardit Memeti is an Assistant Professor at the Faculty of Law of South East European University in Tetova and a Lecturer at Maastricht University. He holds a PhD from the Faculty of Law, Maastricht University (2013). He obtained an LL.M in International and Comparative Law from the University of Pittsburgh (2005) and a degree in Law from the University of St. Cyril & Methodius, Skopje (2003).



1. Is there an EU definition of the concept of rule of law?
2. How important is the rule of law in the EU accession processes of the Western Balkan Countries?
3. What is the main component of the rule of law reforms in the Western Balkan Countries?
4. What is the role of the EU in the rule of law reform of the Western Balkan Countries?
5. How does the EU measure the progress in the rule of law of the applicants?

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Carothers, Thomas. 2003. Promoting the Rule of Law Abroad, The Problem of Knowledge. Rule of Law Series, Democracy and the Rule of Law Project, No. 34. Washington: Carnegie Endowment for International Peace.
Dakolias, Maria /Freestone, David and Peter Kyle. 2002. Legal and judicial reform: observations, experiences, and approach of the Legal Vice Presidency. Washington, DC: World Bank.
United Nations. 2011. The United Nations Rule of Law Indicators: Implementation Guide and Project Tools. United Nations Publication.
Belton, Rachel K. 2005. Competing Definitions of the Rule of Law: Implications for Practitioners. Rule of Law Series, Democracy and Rule of Law Project, Number 55. Washington: Carnegie Endowment for International Peace.

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