The Rule of Law stands as a cornerstone of democratic governance and a fundamental value within the European Union, as enshrined in Article 2 of the Treaty on European Union and the Copenhagen criteria. For the Western Balkans, aspiring EU members, it holds particular significance amidst evolving geopolitical dynamics and the EU's revised enlargement approach.

On the Importance of the Rule of Law in the EU

The European Union has grown far beyond its origins as a purely economic community, transforming into a political union built on constitutional foundations. This transformation has placed the Rule of Law at the very heart of the European project, ensuring that democracy, human rights, and legal certainty are not only respected but actively upheld. As Article 49 of the Treaty on European Union (TEU) states, any European country that respects and promotes these values may apply to join the Union — but doing so requires more than formal commitments.

For countries of Central, Eastern, and now the Western Balkans, the EU accession process has been a powerful driver of democratic transition and institutional reform. The Copenhagen political criteria — democracy, the Rule of Law, and human rights — were designed to guide countries toward stable, transparent, and accountable governance. Yet, as the EU's enlargement experience has shown, formal compliance is not always enough. The so-called "Copenhagen Dilemma," where post-accession backsliding in democratic norms becomes a concern, highlighted the need for a stronger, more qualitative approach to the Rule of Law.

To address this, the EU has developed a series of instruments aimed at both pre- and post-accession compliance. The European Commission’s "Rule of Law Toolbox" includes preventive measures such as the annual Rule of Law Report, which since 2022 has included country-specific recommendations. In a significant step, the 2024 Rule of Law Report extended its scope to cover four Western Balkan countries — Albania, Montenegro, North Macedonia, and Serbia — sending a clear signal that the Rule of Law is not a box to check, but a central pillar of the accession and integration process.

The Rule of Law as a Decisive Conditionality Criterion for the Western Balkans’ EU Integration Progress

A major turning point for the EU's enlargement policy came with Croatia’s accession in 2013. Learning from the experiences of Bulgaria and Romania, where concerns over judicial independence and corruption lingered after accession, the EU integrated stricter Rule of Law benchmarks into Croatia's negotiation framework. This approach introduced mechanisms like opening and closing benchmarks for key Rule of Law chapters (23 and 24), with the possibility of suspending negotiations in the event of serious breaches of EU values.

This shift set the stage for the more comprehensive Revised Enlargement Methodology introduced in 2020. Under this new framework, the Rule of Law is placed at the centre of the accession process for Western Balkan candidate countries, with Cluster 1 (covering fundamentals such as democratic institutions, public administration reform, and judicial independence) being the first to open and the last to close. The methodology also emphasizes reversibility: negotiations can be suspended or even reversed if a candidate country backslides on Rule of Law reforms.

In practical terms, this approach means that the Western Balkans' EU path now requires more than legislative alignment. The European Commission expects candidate countries to show clear, measurable progress in strengthening their institutions, safeguarding judicial independence, combating corruption, and protecting media freedoms. To support this, the EU has introduced Rule of Law Roadmaps — strategic frameworks that go beyond traditional action plans and set out long-term commitments to institutional resilience and democratic governance.

Why does the Rule of Law matter for the Western Balkans (and the EU)?

Why is the Rule of Law so pivotal, both for the Western Balkans and for the EU itself? The answer lies in the foundational role that legal certainty, fair judicial systems, and effective anti-corruption measures play in ensuring political stability, economic growth, and public trust. For the Western Balkans, demonstrating real commitment to these principles is not just about satisfying Brussels—it’s about creating resilient societies where citizens have confidence in their institutions and the future of their countries.

The EU's Growth Plan for the Western Balkans, introduced as part of a renewed focus on fostering economic convergence and regional stability, makes this clear. By emphasizing legal certainty and good governance as prerequisites for economic development, the Plan underscores the interdependence between Rule of Law reforms and sustainable prosperity. As the European Court of Auditors noted in its 2022 assessment, despite considerable efforts, fundamental problems persist in the Western Balkans—problems that can only be addressed through deeper, more genuine reforms, not just formal compliance.

The Road Ahead: Commitment, Reform, and European Values

The path to EU membership for the Western Balkans remains long and challenging, but the goal is achievable—with the Rule of Law at its core. The European Commission’s commitment to a "more credible, dynamic, predictable and political" enlargement process, as outlined in the Revised Methodology, provides a clear roadmap for progress. But this roadmap requires candidate countries to not only adopt EU laws but to embed EU values in their institutions and political cultures.

Western Balkans must demonstrate their unwavering commitment to the Rule of Law through concrete, measurable reforms—not because the EU demands it, but because these reforms are essential for their own democratic and economic futures. This means strengthening judicial independence, tackling corruption with real political will, safeguarding media freedoms, and ensuring that democratic institutions function effectively and transparently.

Conclusion

Strengthening the Rule of Law remains a fundamental prerequisite for the Western Balkans' advancement towards EU membership, as well as a key factor in ensuring long-term regional stability and economic prosperity. However, this is not only a matter of accession conditionality; it is also of paramount importance for the EU itself. As the Rule of Law constitutes the constitutional foundation of the Union, the EU must ensure that both current and future Member States uphold uniform legal standards and institutional guarantees. The integrity and cohesion of the European legal order depend on the consistent enforcement of Rule of Law principles across all Member States, safeguarding the credibility and resilience of the EU as a community based on shared democratic values and fundamental rights.

Ultimately, upholding the Rule of Law, strengthening state institutions, and combating corruption should be inherent value-driven objectives for any European state, irrespective of the specific accession methodology in place and the bright and prospective EU future ahead.