Judicial application of international and European law in Southeast Europe

The Southeast European countries examined in this book share a similar recent legal history and a future strategic goal. With the aim of acceding to the EU, a general political will exists to abide by international and European law. This will has even been translated in more or less clear terms in the constitutions of the SEE countries, enabling the direct applicability of ratified international agreements to run supreme over national legislation. However, what is important is not the creation of constitutional and institutional frameworks per se, but the degree to which the judiciary is able to critically assess and apply various, sometimes conflicting, laws. Unfortunately, practice has shown that, unless provisions have been explicitly incorporated into national law, the domestic courts of EU aspirant countries are generally reluctant to apply international law.