Abstract | There is no doubt that approximation of national law with EU acquis remains one of the biggest challenges facing countries willing to join the European Union. Compliance with the entirety of EU acquis is one of the membership criteria, hence a conditio sine qua non for accession. However, it does not always translate into absolute compliance on the day of accession. The experience of the previous three enlargement rounds demonstrates that it is a daunting task. Furthermore, implementation and application of EU law may remain a problem even after accession to the European Union. For the current candidate and potential candidate countries of the Western Balkans the process of law approximation is proving to be a very steep and rocky path, often without a safety net to protect from a fall. Quite symbolically it reflects the mountainous topography of that region, with a lot of curvy and dangerous narrow roads. Just as many other countries in economic and political transition, the emerging democracies of the Western Balkans have considerable problems with law compliance and law enforcement in general. Experience has shown that moving from a totalitarian regime to a democratic system based on rule of law is far from easy. This is a major obstacle and poses challenges for the legal rapprochement to the EU. |
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