Navigating Rule of Law Reforms in the Western Balkans: A Pathway to EU Enlargement

In its 2024 Rule of Law Report, the European Commission has, for the first time, included Albania, North Macedonia, Montenegro, and Serbia. These countries are considered the most advanced on the EU accession path. The rationale behind this is to support them in making the necessary reforms to become effective members of the Union. Ursula Von Der Leyen highlighted in her Political Guidelines, that while enlargement is a moral, political and geostrategic imperative for the EU, accession will always be a merit-based process.

The Central Role of Rule of Law in the EU Enlargement Process

In the frame of the enlargement process, rule of law plays a central role. The EU faces challenges in upholding it within some member states, notably Hungary. The rule of law encompasses the regulations, institutions, entities, and conditions that ensure citizens live in a safe and prosperous environment where human rights, transparency, and fairness — the cornerstones of a functioning democracy — are protected and enforced. Effective rule of law is essential for building democratic systems in line with EU standards.

However, Russia’s aggression towards Ukraine has shifted the global liberal order, making the adherence to democratic and liberal values not just crucial but existential for the EU. In an unregulated international arena, keeping the bar high when it comes to respect democratic and liberal values is not just crucial but even an existential issue for the EU. Russia’s interferences in candidate countries through online disinformation, anti-democratic and anti-EU rhetoric exacerbates the rule of law situation in Albania, North Macedonia, Montenegro, and Serbia.

This seems especially relevant when it comes to the judiciary, the implementation of anti-corruption regulations and media freedom. While Russia is not directly intervening in national regulations, the spread of misinformation and anti-Eu propaganda can certainly contribute to several delays in the development or even in the implementation of last longing reforms. These reforms are not only central to the accession process but are also foundational for the proper functioning of democracies in these countries and for the protection of citizens‘ rights and freedoms.

Ongoing Reforms and Persistent Issues in the Western Balkans

Judiciary Reforms

The 2024 Rule of Law Report highlights that all the four countries need to enhance their judiciary systems. Specifically, Albania, North Macedonia, Serbia and Montenegro have been all starting to reform their judicial systems to boost independence and efficacy, albeit Serbia and Montenegro are more advanced. Nonetheless, challenges persist, including issues with transparency and political interference, particularly concerning the appointment of judges and officials. Additionally, insufficient funding hinders digital system implementation intended to streamline and expedite the judicial process, and there are also problems related to human resources.

Anti-Corruption Efforts

Corruption remains a significant challenge.  Although these countries have developed anti-corruption strategies, delays in implementation and  resources continue to allow corruption to persist. In  North Macedonia, the modification of the Criminal Code undermines the legislative framework to punish corruption, especially in high-level cases. Delays in justice processes in Montenegro and Albania contribute  to a general perception of impunity. Like in Serbia, this is often related to a scarcity of human resources and adequate investments.

Media Freedom

Journalists in all four countries seem to face some limitations. Moreover, in Albania and North Macedonia, financial and institutional independence remain to be further strengthened. Montenegro and Serbia are somewhat more advanced in this regard. Montenegro adopted in June 2024 a set of regulations on pluralism to make the national media more transparent, while in Serbia, media regulation was modified in 2023 to align with EU standards, Yet, in Serbia there is still the need for further reforms as the Regulatory Authority for Electronic Media cannot exert its mandate fully, while there are concerns related to its independence.

Strengthening Rule of Law: The EU’s Crucial Role in Supporting Western Balkan Reforms

The EU needs to support those countries in developing credible reforms to address the vulnerabilities within judicial, anti-corruption, and media systems. Funds from the Economic and Investment Plan for the Western Balkans could  accelerate the digital transition in judicial systems, and efforts are needed to help these countries invest in human resources. To avoid the replication of the Hungarian case, rule of law reforms  must be last-longing, covering the post EU-accession period.

Independent and effective judiciary and anti-corruption systems are crucial for upholding citizens‘ rights, strengthening democracies and preventing external manipulation.  Free media are essential to democracies, particularly in our polarized and fragmented world, to counteract illiberal propaganda.

As Ursula von der Leyen emphasized in her Political Guidelines, the next Commissioner for Enlargement must closely monitor rule of law developments. This oversight is essential not only to reduce negative trends and facilitate those countries accession process but also to revitalize European democracies at large, within a more open and possibly enlarged European Union.