By Cristina Dallara
The publication analyzes the subject of judicial reforms in 4 nations of South-East Europe, targeting particular components that experience encouraged the reforms long ago twenty years: the position performed via the ecu Union in mild of the east growth technique and the legacies of the communist regimes. in particular, the purpose is to account for similarities and variations within the reform paths of Slovenia, Romania, Croatia, and Serbia. In every one nation, in reality, the impression of the ecu regulations has been otherwise mediated by means of nationwide elements that, extensively conceived, could be regarded as expressing the legacies of the prior regimes. in certain cases, those legacies challenged judicial reforms and inhibited the impact of the european; in different circumstances, they have been certainly triumph over via following the direction recommended by way of the european. a few explanatory components for those transformations should be proposed drawing from democratization stories, Europeanization literature, and comparative judicial systems.
The booklet specializes in nations having varied prestige vis-a` -vis the ecu and another 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, till 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.
vis-a` -vis the ecu and in a different way concerned, in time period of timing, within the ecu accession technique: a few of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others have been, till lately, acceding nations (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.
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Additional resources for Democracy and Judicial Reforms in South-East Europe: Between the EU and the Legacies of the Past
The essence of conditionality lies in the strongly binding commitments undertaken by countries, and its efficiency depends on the will and the capacity of countries to fulfil these commitments (Magen and Morlino 2009). Since the beginning of negotiations, the most important incentive for adoption of the Copenhagen criteria has been the hope that becoming a member of the Union will bring the economic and political advantages associated with membership. 8 Only the main aspects will be summarized here.
The Aquis Communitaire was organized into 35 subject-related chapters. In regard to the rule of law, the former justice and home affairs chapter was divided into two more specific chapters on the judiciary and fundamental rights (Chap. 23), and justice, freedom and security (Chap. 24). Thus, judicial reform topics were no longer assessed under the generic umbrella of the ‘democracy and rule of law criteria’ but, instead, they were specifically evaluated in a dedicated chapter subject to the negotiation system.
This was an important step because it was the first official signal of the EC’s difficulties and problems in monitoring judicial and anti-corruption reforms. As a consequence, the conditionality towards the two countries became more rigorous in this respect, although the result was only a rush marathon in 9 Technical Assistance Information Exchange Office. Support for Improvement in Governance and Management joint initiative of the OECD and the European Union, principally financed by the EU. 10 10 1 Judicial Reforms in SEE Democratising Countries.
Democracy and Judicial Reforms in South-East Europe: Between the EU and the Legacies of the Past by Cristina Dallara