They Have Failed Again! Donor-driven Promotion of the Rule of Law in Serbia

Bibliographic Data

ID2952610
AuthorsMartin Mendelski (University of Luxembourg, corresponding author)
Year2013
Volume61
Issue1
Pages79-113
Publication date2013-01-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueComparative Southeast European Studies (JOURNAL)
Journal identifiersISSN: 2701-8199 • E-ISSN: 2701-8202
PublisherWalter de Gruyter GmbH (PUBLISHER • DE)
DOI10.1515/soeu-2013-610106
OpenAlexW2261917078
LanguageEN
Citations received4
References cited1

This article deals with recent externally-driven judicial reforms in Serbia. It examines the impact of international donors (e.g. European Union, Council of Europe, USAID) and their domestic reform partners on the development of the rule of law in two key dimensions: judicial capacity and judicial impartiality. The article argues that, although external and domestic stakeholders have been crucial in prompting change in the legal framework and, in part, also in judicial capacity, they were largely unsuccessful in changing aspects of judicial impartiality. This uneven development, together with a politicized, uncoordinated and incoherent reform approach, has undermined the creation of the de facto rule of law in Serbia. Methodologically, the article makes use of a detailed case-study method with processtracing. Data are drawn from a number of primary sources (interviews with international experts, Council of Europe and EU representatives) and secondary sources

Economics · Law and economics · Political science · Promotion (chess · Rule of law · European and International Law Studies · European Union Policy and Governance · International Arbitration and Investment Law · Law

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