By Cristina Dallara
The ebook analyzes the subject of judicial reforms in 4 nations of South-East Europe, targeting particular elements that experience inspired the reforms some time past twenty years: the position performed through the ecu Union in gentle of the east growth procedure and the legacies of the communist regimes. in particular, the purpose is to account for similarities and modifications within the reform paths of Slovenia, Romania, Croatia, and Serbia. In every one kingdom, in reality, the impact of the european rules has been otherwise mediated via nationwide components that, generally conceived, can be regarded as expressing the legacies of the prior regimes. occasionally, those legacies challenged judicial reforms and inhibited the effect of the ecu; in different instances, they have been absolutely triumph over via following the course prompt by means of the ecu. a few explanatory elements for those adjustments can be proposed drawing from democratization experiences, Europeanization literature, and comparative judicial systems.
The e-book makes a speciality of nations having diverse prestige vis-a` -vis the ecu and in a different way concerned, in time period of timing, within the ecu accession strategy: a few of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others have been, until eventually lately, acceding international locations (Croatia) or applicants to the club (Serbia). This comparability permits research of the ability of ecu conditionality in numerous levels of the ecu expansion process.
vis-a` -vis the european and in a different way concerned, in time period of timing, within the european accession strategy: a few of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others have been, until eventually lately, acceding international locations (Croatia) or applicants to the club (Serbia). This comparability permits research of the facility of ecu conditionality in several levels of the ecu expansion process.
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Additional info for Democracy and Judicial Reforms in South-East Europe: Between the EU and the Legacies of the Past
These properties concern the credibility of the membership perspective and the determinacy of the EU’s requirements. In this respect, on analysing the pre-accession process of the first group of candidates, Schimmelfennig and Sedelmeier evidenced that in the majority of countries, the adoption of EU-driven rules increased in the final phases of the process just before the negotiations are closed. Thus, the more a country advances, with positive assessments, the more the credibility of the membership promise increases, with a consequent positive feedback effect in inducing the country to go ahead with the reforms required.
The research findings also reveal that it is important to consider the interaction between EU and national actors in each different stage along the accession path. The power of the EU conditionality to influence judicial reforms varies greatly according to the stage: pre-accession, accession, or post-accession. It is in the transition from the pre-accession to the accession stage that the EU’s power is greatest. Moreover, it is when tensions at the domestic level between judicial and political actors increase that EU conditionality has been used instrumentally to 20 The author was part of the research team of the project “Evaluating EU promotion of democratic Rule of Law: Morocco, Romania, Serbia-Montenegro, Turkey and Ukraine” developed by CIRES (Italian Research Centre for European Studies), University of Florence and the Center on Democracy, Development and Rule of Law of the Stanford University, on which the cited book is based.
The experience of Romania and Bulgaria, and the debate that it generated both at EU level and within the international academic community, induced the EU to introduce some changes and conditions. This policy change was facilitated by the ‘entry into the scene’ of the new group of candidate and potential candidate countries belonging to the Western Balkans (WB) region. After 2005 the re-definition of the EU Strategy towards the WB enabled the EC to make important technical changes to the rule-of-law requirements and the monitoring of judicial reforms.