Cause for critique?

Problems with the rule of law and weakness in the police and court systems still beset the entire Western Balkans region. They have been the subject of repeated criticism from the European Commission and they still represent a formidable obstacle to membership of the EU. "Situations that cannot be tolerated in a democracy have been observed repeatedly," the European Commissioner for Enlargement Olli Rehn said during a visit to Macedonia in November.

Albania

Albania is regarded as synonymous with organised crime by many Western Europeans. Albanian gangs are reputed to be among the best connected in the murky underworld of the drugs and weapons trade, playing a key role in bringing heroin originating in Afghanistan and Pakistan to this continent.

But the Commission's latest annual report on Albania recognised it had made some strides in the fight against criminal gangs - for example, by introducing measures to allow the seizure of money obtained by illicit means.

While there has been a slight increase in the number of public officials prosecuted for bribery, the Commission said that tangible progress against corruption remained limited.

In more than half of all cases, verdicts handed down by courts are not enforced. Lengthy pre-trial detentions is also regarded as a serious issue, while the Commission has noted "persistent" reports of arbitrary arrest and ill-treatment of homosexuals by the police.

Bosnia and Herzegovina

The image of Bosnia's authorities was tarnished in March 2005 when Paddy Ashdown, the international community's high representative in Sarajevo, sacked the Croat Dragan Co�vic� from the country's tripartite presidency because he was charged with corruption.

On prisons, the Commission has voiced concern about the lack of separate detention facilities for women and juveniles. Yet one positive development that occurred last year was the adoption of a police reform package in the Republika Srbska, the Serb-dominated republic in the Bosnian federation. The package states that there should be no political interference in operational policing.

Croatia

For a country with a population of under 4.5 million, Croatia has an enormous backlog of cases before its courts. In 2004, this case-load rose to 1.6m, up by 200,000 from the previous year.

According to the Commission, Croatia is one of the few countries in Europe where the public perception is that corruption has worsened recently.

Although Croatia's most-wanted man Ante Gotovina was handed over to the International Criminal Tribunal for the former Yugoslavia late last year, the decision by the authorities to handle many war crimes cases domestically has led to severe international criticism. Many claims have surfaced that there is an in-built bias in the proceedings against the Serb minority. The Commission has noted some progress in reducing the number of unfounded cases against Serbs.

Kosovo

Its constitutional status may still be unresolved but the UN protectorate of Kosovo has its own parliament. The Commission, though, has said that this assembly is "still in the process of developing a truly democratic culture". Decisions on key budgetary issues have often been taken in a way that lacked transparency and bypassed the majority of the assembly.

The judicial system in Kosovo is regarded as overly bureaucratic and ineffective, with appointment procedures for a judge taking up to twelve months.

Macedonia

Corruption has been described as widespread in Macedonia by several international reports.

Its causes, the Commission has said, are manifold yet frequently are rooted in a dearth of transparency. Laws on conflict of interest are not adequately well-defined, in the Commission's view.

The Skopje government has introduced judicial reforms over the past few years. But the Commission has continued to argue that the judiciary's independence is compromised by the absence of a "merit-based system" and provisions for disciplining miscreant judges.

Serbia and Montenegro

The rule of law "remains fragile" in both Serbia and Montenegro, the Commission's 2005 report on the federation noted. Particular worries identified included the "undue politicisation" of the judiciary, rampant corruption and the influence wielded by crime bosses over officialdom.

Conflict of interest issues have arisen in Montenegro especially. Even though the country has a relatively new law on avoiding conflict of interests, the Commission has expressed concerns about provisions allowing members of parliament to sit on the boards of public companies.

Non-governmental organisations have stated that torture during detention is a significant problem in both republics, while the Commission has said that the level of information about what action is being taken against police officers accused of ill-treating detainees is inadequate.

Snippets on the rule of law in the different countries of the Western Balkans. Article is part of a European Voice Special Report, 'EU-Balkans'.