Amendments to the Constitution in the Area of Judiciary in the Candidate Countries for the Membership in the EU - the Examples of Montenegro, Albania and Serbia
Amendments to the Constitution in the Area of Judiciary in the Candidate Countries for the Membership in the EU - the Examples of Montenegro, Albania and Serbia

Author(s): Aleksandar Andrija Pejović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Enlargement; Accession Talks; Constitution; Rule of Law; Judicial Reform; Venice Commission; Western Balkan
Summary/Abstract: In accordance with the obligations undertaken in the process of the accession to the European Union, the three candidate countries in the Western Balkans have initiated or undergone the process of changing their constitutional acts in order to align them with the requirements stemming from Chapter 23 Judiciary and Fundamental Rights. The paper aims to analyse how Montenegro and Serbia approached this commitment as an integral and essential part of the Action Plans for Chapter 23, while Albania did it as a part of the preparation of the country to receive the candidate status and the opening of accession talks. Subsequently, the paper shows that during the drafting process, the three states were guided by the standards defined by the Venice Commission in its opinions and proposals as well as the EC views received within consultative processes they have undertaken. It also points out the differences in the approach to the content of the changes by the European Union and the Venice Commission in the three cases. While Serbia still has to implement these changes, this paper also presents the diverse experience in Montenegro since 2013 and Albania since 2016 in relation to the implementation of the Constitutional amendments in practice and the effects it has had. Furthermore, the paper discusses the effects of the Constitutional reform in the light of the Enlargement Policy considering the latest developments and the fact that the Rule of Law is an essential part of these processes and the EU requirements. Finally, the paper concludes that the Venice Commission, invited by the European Commission, has provided the three states with its opinion guided both by technical, but also political principles, which, as an effect, has produced a diverse approach to how certain elements of the constitution treat the independence and autonomy of the judiciary within the process of integration in the EU.

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