The Effectiveness of the ‘European Model’ of Judicial Independence in the Western Balkans: Judicial Councils as a Solution or a New Cause of Concern for Judicial Reforms

28 Pages Posted: 7 Feb 2018

See all articles by Denis Preshova

Denis Preshova

Ss. Cyril and Methodius University

Ivan Damjanovski

Ss. Cyril and Methodius University

Zoran Nechev

European Union (EU) Institute for Security Studies (EUISS)

Date Written: 2017

Abstract

This paper examines the extent to which EU-driven institutionalisation of the judicial councils has been successfully operationalised to deliver the anticipated results regarding judicial independence as well as the influence of intervening factors such as the determinacy of conditions, historic legacies and informal practices. By analysing the case of Macedonia, it argues that the establishment of judicial councils has not met the normative values and expectations that they were set to achieve through the judicial reforms. The paper detects four general negative effects of the ‘European model’ of judicial councils: (1) premature introduction without paying due consideration to the actual context in the respective countries, (2) increased exposure of the judiciary to both internal and external pressures induced by newly established institutional avenues, (3) further compromising of individual independence of judges, and (4) reduced transparency of judicial self-governance.

JEL Classification: K33

Suggested Citation

Preshova, Denis and Damjanovski, Ivan and Nechev, Zoran, The Effectiveness of the ‘European Model’ of Judicial Independence in the Western Balkans: Judicial Councils as a Solution or a New Cause of Concern for Judicial Reforms (2017). CLEER Paper Series, 2017/1, T.M.C. Asser Institute for International & European Law 2017-1. Available at SSRN: https://ssrn.com/abstract=3118942

Denis Preshova

Ss. Cyril and Methodius University ( email )

blvd. Goce Delcev 9
Skopje, 1000
Macedonia

Ivan Damjanovski (Contact Author)

Ss. Cyril and Methodius University ( email )

blvd. Goce Delcev 9
Skopje, 1000
Macedonia

Zoran Nechev

European Union (EU) Institute for Security Studies (EUISS)

100, avenue de Suffren
Paris, F-75015
France

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