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Conditioning Democratization

Conditioning Democratization

Ridvan Peshkopia

(2014)

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Abstract

This book analyzes the effects of European Union membership conditionality on institutional reforms in Eastern Europe, building on concrete examples from four sectors in Albania and Macedonia, two postcommunist countries that have yet to join the EU. The author discusses the theory of “consociational democracy,” often considered the key to stabilizing deeply divided countries, and reapplies it on the international stage to argue for how the EU can better direct democratization.


Ridvan Peshkopia teaches political science at the University for Business and Technology, Kosovo.


“This is an engaging, informative and well-structured account which explores some very pertinent and perennial questions. Peshkopia is an EU expert and a Balkans insider.” —Dr Othon Anastasakis, director of South East European Studies at Oxford


How much, and under what conditions, can the European Union affect democratization and democratic consolidation in prospective member states? What mechanisms does the EU employ to influence reforms in countries emerging from authoritarian rule? Focusing on Albania and Macedonia, two postcommunist countries with a legacy of internal conflict, “Conditioning Democratization” analyzes the relationship between EU accession conditionality and institutional reforms. It focuses on four sectors of reform that are often overlooked in other studies: constitutions, asylum, local decentralization and the judiciary system.

The volume critically reviews the theory of “consociational democracy,” often considered the key to stabilizing deeply divided countries, and reapplies it to the supranational institution of the European Union. In articulate, accessible prose, Ridvan Peshkopia builds on examples from multiple sectors in multiple countries to reconceptualize this theory and show that the EU can indeed use membership conditions as a tool to encourage and direct reform.

Table of Contents

Section Title Page Action Price
Conditioning Democratization i
Title iii
Copyright iv
CONTENTS vii
PREFACE xi
ABBREVIATIONS xvii
Chapter 1 INTRODUCTION 1
The Legacies of Communism 3
Pre-communist Legacies 3
Nation-State Building and Ethnic Homogeneity 3
Elites and Masses in Democratization 5
The International Dimension of Democratization and the EU Impact on Eastern European Democratization 6
From political conditionality to EU membership conditionality 8
Explaining the Effects of EU Membership Conditionality on Membership-Aspiring Countries’ Institutional Reform 12
Chapter 2 A SECTORIAL CONTEXTUAL APPROACH TO THE EFFECTS OF EU MEMBERSHIP CONDITIONALITY ON EASTERN EUROPEAN INSTITUTIONAL REFORMS 19
Negotiating Conditions 27
The Sectorial Contextual Approach 30
Research Design 34
Assuming elites’ role 34
The empirical test and data 34
Selection of cases: Reforms and countries 34
Variables 37
Data 40
Conclusions 40
Chapter 3 CONSTITUTIONAL REFORMS \rIN ALBANIA AND MACEDONIA: CONDITIONING CONSOCIATIONAL PRACTICES FOR EU AND DOMESTIC DEMOCRATIC STABILITY 43
The EU and Albanian Constitutional Reform 45
A consociational interpretation of Albanian constitutional reform 54
A sectorial contextual interpretation of Albanian constitutional reform 55
Imposing Two-Level Consociational Practices: The EU and Macedonian Constitutional Reform 57
Macedonian constitutional reform in paper and practice: Dodging the bullet or baiting it? 58
A consociational interpretation of the Macedonian crisis and its aftermath 73
A sectorial contextual interpretation of Macedonian constitutional reform 80
Conclusions 80
Chapter 4 LOCAL DECENTRALIZATION REFORM 83
The Politics of Local Decentralization in Albania: Denying Yourself What You Do Not Want Your Rival to Have 87
A consociational interpretation of EU motivations toward \rAlbanian decentralization reform 96
A sectorial interpretation of Albanian decentralization reform 96
Conditioning Consociational Practices in Local Government: The Case of Macedonia 99
Macedonian decentralization reform 99
A consociational interpretation of Macedonian decentralization reform 108
A sectorial contextual interpretation of Macedonian decentralization reform 110
Conclusions 112
Chapter 5 JUDICIAL REFORMS 115
Albanian Judicial Reform 117
A consociationalist interpretation of Albanian judicial reform 130
A sectorial contextual interpretation of Albanian judicial reform 133
Macedonian Judicial Reform 135
A consociational interpretation of Macedonian judicial reform 144
A sectorial contextual interpretation of Macedonian judicial reform 146
The Role of Human Capital: Eliminating Alternative Explanations 148
Conclusions 150
Chapter 6 ASYLUM REFORMS 153
Asylum in Albania: The Politics of Oblivion and Obedience 155
Asylum in Macedonia: How Many Sticks and Carrots Count? 161
A Consociational Interpretation of Albanian and Macedonian Asylum Reforms 168
A Sectorial Interpretation of Albanian and Macedonian Asylum Reforms 171
Conclusion 176
Chapter 7 BEYOND REFORMS 177
Albania: In the Trap of the Politics of Obtaining and Maintaining Power 178
Macedonia: In the Trap of Identity Politics 182
The politics of antiquisation 183
On neighbors’ toes 186
The name dispute with Greece 188
The diplomacy of the name dispute 195
The name dispute and Macedonia’s NATO and EU perspective 196
The aftermath of the Bucharest Summit 200
The implications of Macedonia’s international disputes to its EU membership: A consociationalist interpretation 205
Conclusion 207
Chapter 8 CONCLUSIONS 209
Appendix A THE DEMOGRAPHIC DYNAMIC OF MACEDONIA SINCE 1981 217
Appendix B OHRID FRAMEWORK AGREEMENT 221
ANNEX A \nCONSTITUTIONAL AMENDMENTS 224
ANNEX B\rLEGISLATIVE MODIFICATIONS 229
ANNEX C\n IMPLEMENTATION AND CONFIDENCE-BUILDING MEASURES 231
Appendix C ANALYSIS OF THE FULFILLMENT OF THE EUROPEAN COMMISSION’S RECOMMENDATIONS TO ALBANIA, NOVEMBER 2010, ACCORDING TO 2011 AND 2012 PROGRESS REPORTS 235
Appendix D GEOGRAPHIC AND POLITICAL DIVISIONS OF HISTORICAL MACEDONIA 243
NOTES 245
Chapter 1 Introduction 245
Chapter 2 A Sectorial Contextual Approach to the Effects of EU Membership Conditionality on Eastern European Institutional Reforms 246
Chapter 3 Constitutional Reforms in Albania and Macedonia: Conditioning Consociational Practices for EU and Domestic Democratic Stability 246
Chapter 4 Local Decentralization Reform 254
Chapter 5 Judicial Reforms 260
Chapter 6 Asylum Reforms 269
Chapter 7 Beyond Reforms 275
Chapter 8 Conclusions 285
Appendix C Analysis of the Fulfillment of the European Commission’s Recommendations to Albania, \rNovember 2010, According to 2011 and 2012 Progress Reports 286
Appendix D Geographic and Political Divisions of Historical Macedonia 286
REFERENCES 287
INDEX 317