Conditional or Sustainable? The Rule of Law and Judiciary Reforms in the Western Balkans

European integration is legal integration. Rule of Law is an essential part of the DNA of the European Union, which is itself a “community based upon law” (ECJ, Les Verts). Judges in the Member States are not only an integral part of their own judicial system, but also of the integrated European legal order. The Rule of Law principle is recognized as a founding value in Article 2 TEU, after its outward projection had long been part of the Copenhagen criteria for EU accession. The experiences with enlargement in 2004 and 2007 as well as the creation of the Space of Freedom, Security and Justice have led to major emphasis on the Rule of Law in the enlargement process, and on the related chapters 23 and 24, before and during accession negotiations. According to the new cluster-methodology applied by the European Commission since 2020, the Rule of Law has become the real litmus test in the accession process. This paper shall assess judicial reforms in the Western Balkans over the last 20 years and the EU’s financial and technical assistance, with a focus on the difficulties created by state capture and by the continuity of a formalistic legal culture which is a socialist legacy. The central question is whether and to which extent Rule of Law can be sustainably created from the outside, by external actors and assistance.