EU's Instrument for Pre-accession Assistance and ‘Limited Progress' in Advancing the Rule of Law in Serbia

The EU’s accession process in recent years has not been transformative enough with regard to the rule of law. Despite being a frontrunner in the EU accession process, Serbia has made minimal progress in strengthening the functioning of the rule of law, and overall, respect for the rule of law has declined during the past decade. This chapter offers a comprehensive overview of the EU’s role and policy options aimed at promoting the rule of law as a key benchmark for accession. It specifically focuses on the structural support provided through the Instrument for Pre-accession Assistance (IPA), while also arguing for a conceptual shift in how the EU addresses rule of law issues. The chapter posits that problems related to the rule of law are often the result of deliberate policies enacted by autocratic regimes rather than the accidental by-product of weak state structures. Therefore, success in the EU’s efforts to promote the rule of law through its enlargement policy depends on addressing and eliminating the root causes of illiberal, elite-centred political systems. As the chapter demonstrates, the EU’s current policy options and structural support are insufficient to achieve this goal, highlighting the need for a more effective approach to fostering genuine political and legal reforms in candidate countries.