Skip to content

Western Balkans: Extractive Institutions, Formalism, and Rule of Law Failure

Disclaimer: These podcasts are generated by AI based on article texts. The voices are computer-generated, and the editors and this blog cannot warrant the accuracy, quality, or reliability of the content. Please treat them as experimental and verify any information with trusted sources.

For more than twenty years, the nations of the Western Balkans—including Albania, Serbia, Bosnia and Herzegovina, and others—have struggled with a fundamental issue: a persistent and pervasive failure of the Rule of Law (RoL). Why has progress been so limited, despite massive international support?.

We expose the three intertwined crises undermining justice, allowing organized crime and corruption to flourish. We’re investigating the rise of extractive state institutions, where political elites actively control and “occupy” state agencies to manage resources, subverting democracy and turning principles like checks and balances into mere illusions. We also explore the power of informal networks and corruption, which have become a structural necessity in daily life, transforming formal laws into nothing but “empty shells”.

And finally, we tackle the silent killer of justice: excessive legal formalism. This inherited legal culture allows judges to avoid responsibility, resulting in decision-makers focusing on trivial procedural issues rather than the merits of a case. This is the system responsible for endless cycles of remittals and bureaucratic absurdity—like demanding citizens prove they aren’t war criminals after the fact.

Join us as we explore why moving from formal compliance to genuine accountability requires much more than just ticking boxes.

Listen  here  to the full AI podcast.

Sourced used for the AI podcast:

Karčić, F. (2020). A Study on Legal Formalism in the Former Yugoslavia and its Successor States (CIDS Report No. 1/2020). Centre for Integrity in the Defence Sector.

Muharemović, M. (2023). O uzrocima nedostatka vladavine prava na Zapadnom Balkanu [On the causes of the lack of rule of law in the Western Balkans]. DHS – Društvene i humanističke studije, 8(3), 471–488. https://doi.org/10.51558/2490-3647.2023.8.3.471

Pavlovic, D. (2016). Extractive Institutions in the Western Balkans (Paper Series). European Fund for the Balkans.

Uzelac, A. (2010). Survival of the Third Legal Tradition? Supreme Court Law Review, 49(2d), 377–396.

Tagged as
Law and Governance South East Europe © 2025 Law and Governance South East Europe
All rights reserved.