MEĐUNARODNI PROBLEMI

Conditionality in the EU Accession Process: From a Normative Daydream to the Implementation Realities

Ćemalović Uroš (Institute of European Studies, Belgrade, Serbia), uros@ies.rs
Ilić Milica (Institute of European Studies, Belgrade, Serbia), milica.ilic@ies.rs

Enlargement conditionality is a cornerstone of the European Union (EU) accession process, serving as a powerful tool despite its notable inherent limitations. By analysing its role during the previous two EU enlargements (2007 and 2013), as well as in Serbia’s EU accession process, the paper explores conditionality not only as a doctrinal concept but also as a multifaceted legal-political instrument. The article’s main hypothesis is that the structural weaknesses of the conditionality principle have often led to stalemates in both political reforms and law harmonisation, widening the gap between normative objectives and implementation realities. This gap has further increased during the EU accession process of the Western Balkans (WB) countries, rendering a significant redefinition of the principle necessary. The methodological framework employed encompasses a range of approaches, including systematic and teleological analysis to elucidate the key provisions of legal acts and international treaties; content analysis for interpreting policy documents; comparative analysis to examine the evolving approaches over time; and case study methodology to provide in-depth contextual understanding. In conclusion, the authors argue for an overhaul of the conditionality principle, but also for a more straightforward and effective EU enlargement agenda, substantially adapted to the legal and political realities of candidate countries, including their capacities and political will to adopt enforceable, thoroughly prepared and truly impactful national legislation.

Keywords: law approximation, conditionality, EU enlargement, public policy reforms, EU membership negotiation