Contesting the Rule of Law: Civil Society and Legal Institutions

Abstract

The breakdown of the rule of law in the Western Balkans during the 1990s can be understood not only as a consequence of the disintegration of Yugoslavia and the ensuing armed conflicts on the territory of Slovenia, Croatia, Bosnia-Herzegovina, Serbia, and Kosovo, but also in light of the uneven relations of power that emerged at that time and often became further entrenched in the period of transition. These power relations often reflected the advent of political, economic and coercive elites organised along national and ethnic lines, as well as the blurring boundaries between law, politics and crime in the post- Yugoslav space. Despite the divergent experiences of violence and histories of transition of specific countries, the retreat of the rule of law across the region was associated primarily with the related forces of politicisation and criminalisation. In particular, the legal domain was subjected to encroachment from a range of political and illicit actors pursuing particular projects and interests and, in some cases, it appeared to be hijacked by such actors and purposes to the point of becoming indistinguishable.¹