by Tijana Topalović
Research Forum,
European Movement in Serbia
Column – Research Forum, European Movement in Serbia
The countries of the Western Balkans are at various stages of preparation for accession to the European Union. Among the key requirements is the establishment of the rule of law. Research consistently shows that the lack of a consolidated legal system is a major reason for these countries’ prolonged wait for full EU membership. Despite the adoption of numerous legal frameworks, issues such as political pressure on the judiciary, systemic corruption, and institutional inefficiency continue to plague the region’s legal systems.
According to European Commission reports, some countries, such as Montenegro, have made progress in ensuring judicial independence. Serbia, though undertaking reforms in this area, has yet to make the necessary breakthrough for further integration. The Serbian judiciary remains heavily influenced by political authorities, with the executive branch still exercising significant control, undermining the balance of power. Institutional politicization, lack of transparency, and weak protections for media freedom further erode the foundations of a democratic society. Overcoming these challenges requires genuine political will from Serbia’s leadership. While the European Union provides ongoing technical and programmatic support, in this context, external assistance alone is insufficient.
Corruption emerges as the primary obstacle to effective implementation of legal procedures. This issue is particularly pronounced in cases where political and criminal networks are closely intertwined, leading to deep public distrust in institutions. Social unrest and civil mobilization often arise in response to this dysfunction, as seen recently in Serbia, where citizens—especially young people—have been protesting for months, demanding institutional independence. Such grassroots movements symbolize hope for change and could inspire broader transformation and renewal throughout the Western Balkans. However, questions remain about their capacity to drive the sweeping political and societal reforms needed across the region.
Cybersecurity has also emerged as an increasingly relevant component within the broader legal framework. Recent incidents in Serbia—such as the persistent surveillance of activists, journalists, and opposition politicians—demonstrate frequent violations of individual rights, including freedom of expression, privacy, and data protection in digital spaces. Scandals like the wiretapping of opposition figures and the unauthorized disclosure of personal data from official records have further damaged institutional credibility and public trust. Similar issues have surfaced elsewhere in the region. For instance, during Montenegro’s election campaign, private voter data was leaked, while North Macedonia faced coordinated cyberattacks with suspected political motives. These developments suggest cybersecurity will soon become a formal criterion in the EU’s accession agenda. Regional governments must be proactive and ensure that state authorities are not themselves violating fundamental rights.
It is also critical to recognize how easily the cyber realm facilitates the spread of misinformation, often through fabricated or misleading narratives. This fosters propaganda and shapes public opinion on vital social and political issues. The European Union acknowledges this challenge and encourages candidate countries and negotiating states to actively combat such disinformation campaigns and systematically dismantle the channels through which they spread. Consequently, cybersecurity and digital resilience are becoming central to the region’s path toward European integration. In recent years, regional cooperation in this area has improved, though there is still significant room for development.
It is imperative for all Western Balkan countries to recognize that independent judicial and administrative institutions are fundamental to a stable democratic society. Given that these states face similar challenges and legal practices, there is value in considering regional collaboration—through infrastructure projects, modernization of administrative capacities, and the creation of educational platforms for legal professionals. The European Union already has mechanisms in place to sanction member states that violate the rule of law. For example, the recent freezing of EU funds to Hungary over rule-of-law concerns sends a strong message that systemic corruption and authoritarian tendencies are unacceptable, even within the EU itself. With similar issues present in the Western Balkans, it is reasonable to expect comparable measures for candidate countries unless substantial progress is made. The EU would likely support such cooperative regional initiatives.
The rule of law is not merely a procedural requirement for EU membership. It is a fundamental EU value and the cornerstone of democratic institutions and citizens’ rights. Progress in this area is not measured solely by legislative changes but by the genuine political commitment to building a society grounded in justice, accountability, and the consistent application of the law.
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