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(Series Information) European Papers - A Journal on Law and Integration, 2022 7(2), 833-855 | Article | (Table of Contents) I. Introduction. - II. Expanding the single market with(out) the EU enlargement. - II.1 EEA contribution. - II.2 CEECs transformative experience. - III. WB-EU economic integration and (limited) access to the single market. - III.1 SAP as a (new) frame of enlargement. - III.2 Way forward perspectives. - IV. Concluding remarks. | (Abstract) The promised European future for the Western Balkans still seems to be distant and uncertain, in spite of the many geo-strategic, political, economic and security arguments in favour of completing the process of unification. On the one side, the European integration process through economic and political reforms should lead these countries to become EU members and set high expectations of what the prospects of membership should deliver in the region. On the other hand, the countries are still far from ready for membership while the EU political commitment is not accompanied by more tangible action which questions the credibility of enlargement policy. Over the recent years, there is a growing need for a renewed narrative to revive and sustain the incentives for the states of the Western Balkans to continue their European integration journey and overcome an apparent impasse over accession prospects. The main argument of this Article is whether the EU accession process with regard to the Western Balkans can be reinforced in a manner of a merit-based process that offers a credible goal by granting access to the EU single market as an interim accession goal that inspires real change, while reducing the sense that further EU enlargement is risky endeavour. In order to provide a relevant conclusion, the Article reviews the economic effects of previous rounds of enlargements and the relevant instruments employed towards the Western Balkans, to examine the plausible limitations and prospects.

Since the rule of law was introduced into the EU enlargement policy, its role within the conditionality policy has advanced gradually so that it has become the cornerstone of the accession process. This paper analyses the evolution of the rule of law promotion in the process of EU enlargement with a focus on the Western Balkans and strives to identify what the main challenges are in this regard and the main reasons why the EU has made the rule of law central to its new enlargement methodology. Drawing on the experience of the Europeanisation process of the CEE countries, the paper examines the different approaches in terms of the promotion of the rule of law within the Copenhagen political accession criteria. It finds that with regard to the accession process of the Western Balkans, the EU is no longer satisfied with ‘reforms on paper’ and strives to apply more active leverage. However, the internal challenges for the rule of law within the EU and the often ‘neglected’ fourth Copenhagen criterion – absorption capacity of the Union itself referring to its capability to include new members – also affect the process. Rule of law conditionality has been compromised not only by more focus on the box-ticking benchmark fulfilment exercise than on substance, but also by the lack of credibility on the side of the EU that has undermined the pre-accession conditionality. The most illustrative case in this regard is the accession process of North Macedonia that is analysed as a case study in order to identify the main challenges and shortcomings of the EU enlargement policy. The paper proposes that the rule of law promotion and the overall Europeanisation process must rest on a credible merit-based accession process that involves clear commitments on both sides – candidate countries but also the EU.

The judicial contribution to the dynamic process of European Integration was especially important, as the Court of Justice of the EU, through its creative and extensive interpretation of the Treaties, became an important catalyst for the integration process. The next phase of the European integration seems to be the 'integration through the rule of law', as the further development of this process must be based on a secure and solid ground, reaffirming the Union as a community of values. Given its importance for the confidence of citizens in the Union and the effective delivery of policies, the rule of law is of central relevance to the future of Europe. The main aim of this paper is to examine the progressive and influential role of the CJEU regarding the integration process, as a starting premise for determining its potential as an actor in the process of overcoming the following challenges.