The Rule of Law: Supranationalization. The Case of Serbia - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, 14, 2 (2025) 267–281

DOI: 10.47745/AUSLEG.2025.14.2.10

Abstract. This study examines the supranationalization of the rule of law through the interaction between European Union legal standards and the constitutional and institutional framework of the Republic of Serbia as an EU candidate country. It first situates the rule of law within its historical and theoretical evolution, tracing its transformation from a predominantly national constitutional principle into a norm embedded in international and supranational legal orders. Particular attention is devoted to the European Union, where the rule of law constitutes a foundational value under Article 2 TEU, operationalized through principles such as primacy, direct effect, and effective judicial protection. The author analyses the case-law of the Court of Justice of the European Union and the institutional mechanisms developed to safeguard the rule of law, including judicial review and the European Commission’s Rule of Law Framework. Against this background, the study evaluates Serbia’s constitutional structure, judicial organization, and fundamental rights guarantees, assessing their alignment with EU rule of law requirements. It also reviews findings from recent European Commission Rule of Law Reports, highlighting progress and persistent challenges in judicial independence, efficiency, anti-corruption policy, and institutional accountability. The paper concludes that the supranationalization of the rule of law operates as both an accession conditionality mechanism and a transformative driver of domestic legal reform in Serbia.

Keywords: rule of law, supranationalization, European Union law, Serbia, EU accession