New Policy Brief: Strengthening the Rule of Law in the Western Balkans

28/02/2025

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Prishtina, February 28, 2025: The Kosovar Centre for Security Studies (KCSS), under the IGNITA initiative supported by Open Society Foundations – Western Balkans, has released a policy brief advocating for the full inclusion of the Western Balkan Six (WB6) in the European Union Rule of Law Report (EURoLR).

The European Union Rule of Law Report was introduced by the European Commission (EC) in 2020, as a policy assessment instrument of a broader mechanism at the level of the European Union – the EU Rule of Law Framework (EURoLF). The EU Rule of Law Report is a policy assessment instrument through which the EC implements its function as a guardian of EU treaties and legal order. This legal order is fundamental to protecting and upholding the rule of law as one of values of the EU laid down in Article 2 of the Treaty on the European Union (TEU).

Rule of law as a component of governance that includes several policy areas is a priority pillar for EU accession, and thus also part of the Cluster 1 (on Fundamentals) of EU membership negotiations in the recently introduced ‘enhanced enlargement methodology’. Moreover, for WB6 countries digitalisation is a crosscutting area that is important for both domestic governance and as a priority area in their EU accession reforms, and as such affects all policy areas.

Why Does This Matter?

The rule of law is a fundamental pillar of EU accession process and a key priority for democratic reforms in the Western Balkans. However, while Albania, Montenegro, North Macedonia, and Serbia are now part of the annual EU Rule of Law Report, Kosovo and Bosnia and Herzegovina remain excluded—which undermines their European integration process and reform efforts.

Mentor Vrajolli, Executive Director of KCSS, emphasized the importance of this policy brief, stating:

"The EU Rule of Law Report is a crucial tool for monitoring governance, judicial independence, and anti-corruption efforts across Europe. Leaving out Kosovo and Bosnia and Herzegovina weakens the effectiveness of the EU’s own enlargement policy. A truly credible accession process must be inclusive and consistent, ensuring that all Western Balkan countries have the same opportunities to align with EU standards."

Ramadan Ilazi, ASCEND Project Team Leader, highlighted the urgency of this issue:

"The exclusion of Kosovo and Bosnia and Herzegovina from the EU Rule of Law Report contradicts the principles of a merit-based accession process. By extending this report to all WB6 countries, the EU would reinforce its commitment to rule of law reforms, incentivize democratic progress, and provide clearer guidance for policymakers in the region. More importantly, inclusion of all WB6 in the rule of law report, would provide important tool for media and civil society to hold government accountable in Kosovo and BiH"

Key Takeaways from the Policy Brief

  • The EU Rule of Law Report is an essential tool for monitoring governance, anti-corruption efforts, and judicial independence.
  • Including all WB6 countries would enhance transparency, strengthen reforms, and align regional standards with the EU.
  • The exclusion of Kosovo and Bosnia & Herzegovina creates inconsistencies, weakening the EU’s own commitment to a merit-based accession process.
  • A roadmap for inclusion outlines how the EU can ensure a fair and equal approach to the rule of law across the region.

Call for Action: The EU must extend the Rule of Law Report to all WB6 countries to provide equal opportunities, stronger incentives for reforms, and a more credible EU enlargement process.

Read the full policy brief here