Harmonization of timelines, comprehensive and long-term planning, availability of resources, and choice of right partners, condition the relationship between Reforms and Enlargement.

While the reforms in SEE6 are advancing, gradually they are becoming an integral part of the conditionality checklists put by EU. The existing conditions are becoming more detailed, new ones focused on measurable impact are added, and their scope is enlarged to include “fundamentals” such as democratisation, human rights and the rule of law. Their monitoring and certification is extended in time. The role of Member States in the Enlargement has increased through the monitoring on the ground, reporting and intervention by means of assistance in selected sectors

The relationship between Reforms and Enlargement is complex. If not planned carefully, it may result in Catch22 situations. Dilemmas appear and choices must be made when harmonizing the high complexity, deep societal changes, enormous resources and long-time perspective that the reforms need, with the pace of progress that a formal, highly normative and meticulously-planned process such as Enlargement requires. The first Catch22 situation may result in the scenario where the Enlargement progress is conditioned by the impact of reforms, while the Reforms cannot progress without the support of the mechanisms and resources provided by the Enlargement.

The second Catch22 situation relates to the fact that one cannot reform captured institutions without a critical mass of local political will in support of those institutional changes. But often this means asking the illegitimate actors that profit from the system, to help bring down the very system they are profiting from.

Notwithstanding its imperfections, the Justice reform in Albania constitutes a huge advancement in the establishment of a functional democracy in a post-communist country. Being the first reform of such depth and scope in the SEE6, its represents a test case for exposing the systemic importance of the design phase, the need to embed any system change on the socio-cultural and economic base of the local society, the importance of planning in the long-term perspective and with the required resources, and the value of well selecting the reform partners to carry such changes.

From a Reform Frontrunner Albania now should aim to be an Enlargement frontrunner. The success of such an endeavor will test the working hypothesis of irreversibility of democratic reforms in the SEE6, as well as the suitability of EU instruments supporting those reforms.

Tags: Albania, EU accession , Reforms, Enlargement, Balkans, Rule of Law

The next few years will be decisive for the democratic and European future of the Western Balkans. In addition to a credible enlargement perspective and a positive enlargement narrative, which needs to be reinvented and reinvigorated, it is vital to support rule of law, civil dialogue, pluralism and the fight against corruption as well as the social dimension. It is crucial to invest more in social inclusion, to support the broad vision of just and democratic societies, which needs to include various bottom-up initiatives and actors. This Op-ed is prepared and published in the framework of the project “Europeanisation meets democracy from below: The Western Balkans Europeanisation meets democracy on the search for new European and democratic Momentum (WB2EU)” co-funded by the European Commission under its Erasmus+ Jean Monnet programme.

Our “WB2EU network” will activate, connect, research, disseminate and create joint output on the defined topics by bringing together academia, civil society and relevant stakeholders on national, regional and EU level. The project is led by the Austrian Society for European Politics (ÖGfE) and includes 16 renowned think-tanks, do-tanks, higher education institutes and policy centres from the European countries that will be most decisive for the enlargement process in the upcoming years.

For more information about this project, please visit the project website: https://www.wb2eu.eu/.

*This op-ed has been also published at Balkan Insight (https://balkaninsight.com/?p=961993) and Der Standard (https://www.derstandard.at/story/2000125235467).

Tags: EU accession , Enlargement, Rule of Law, Western Balkans, SEE6

Once set up or reformed, the Justice institutions of the six South-East European countries (SEE6) must function efficiently and produce qualitative and effective outputs without permanent external assistance. To be sustainable, new structures must be well governed. To be resilient, they should plan for the long term, taking into account the availability of local resources, and carrying out regular risk-management exercises. Good governance features of effectiveness, efficiency, transparency, accountability, predictability, sound financial management and integrity compliance must be embodied into their architecture and functioning mechanisms.

In the case of justice reform in Albania, good governance of new institutions implies designing organisational structures that are fit for purpose, and attributing the appropriate budgets, logistics and systems needed for the effective fulfilment of their mandates. It involves making sure that responsibilities and tasks are clearly assigned and that staff are motivated and have the competences required to carry out their duties with the highest degree of integrity and professionalism.

By applying an ‘appreciative inquiry’ approach, this policy study identifies and assesses features of Albania’s new structures and institutions that belong to the positive core of justice sector reform: vision, values, key competences, basic infrastructure, embedded knowledge, learning processes, organizational achievements, technical and financial assets and resources, positive macro trends, and strength of partners. In a constructive, yet critical way, this report aspires to embolden those (f)actors that drive justice sector reform in the SEE6 forward.

This policy study was prepared by Mr. Steven Blockmans, Director of Research, Centre for European Policy Studies (CEPS), Brussels and Mr. Ardian Hackaj, Director of Research, Cooperation and Development Institute (CDI), Tirana. It follows the previous study “EU ENLARGEMENT IN SEE6 AND COUNTRY REFORMS: THE JUSTICE REFORM IN ALBANIA AS A CASE STUDY”.

Click here to read the report in Albanian language.

*This policy study is prepared and published in the framework of the project “Preparing and Supporting Albania for the EU Accession Process – ALBE”, implemented by Cooperation and Development Institute (CDI) and supported by the Dutch Embassy in Tirana.

Tags: Albania, Justice Reform, EU accession , Enlargement, Resilience, Rule of Law, Appreciative Inquiry