9.2. The rule of law
The foundation of democratic systems is based on the idea that everyone including the government is equal before the law (i.e. the rule of law). The concept is implemented in practice through a set of laws and regulations, enshrined in codes and procedures that ensure basic rights and provide equal access to justice. These underpinnings also guarantee predictability, reliability and accountability of the legal system. The Rule of Law (RoL) is considered a key element of good public governance as it is an essential prerequisite for maintaining peace and order, guaranteeing the continuous provision of public goods and services, seeking the effective control of corruption and promoting economic development.
This section is based on a framework developed by the World Justice Project (WJP). WJP presents one of the most systematic approaches to conceptualising and measuring the rule of law worldwide. According to the methodology, the systems upholding the rule of law comprise four universal principles: 1) the government as well as private actors are accountable under the law; 2) the laws are clear, publicized, stable and just; are applied evenly; and protect fundamental rights, including the security of persons, contract and property rights, and certain core human rights; 3) the processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient; 4) justice is delivered in a timely manner by competent, ethical, and independent and neutral representatives who have adequate resources, and reflect the makeup of the communities they serve (WJP, 2020). The WJP assesses the rule of law through eight factors that measure different aspects of the concept. This section focuses on the results of two of the Rule of Law factors: constraints on government powers and fundamental rights. Other WJP data is presented in the serving citizens’ chapter.
The measure of constraints on government powers captures “the extent to which those who govern are bound by law. It comprises the means, both constitutional and institutional, by which the powers of the government and its officials and agents are limited and held accountable under the law. It also includes non-governmental checks on the government’s power, such as a free and independent press.” (WJP 2020) The WJP’s 2020 edition shows that there are significantly less constraints on government powers in the Western Balkan region than in OECD and OECD-EU countries. The regional average is 0.46 (with 1 being the highest possible value), which is 0.31 points lower than in the OECD-EU where it reaches 0.77. Kosovo (0.52) and North Macedonia (0.47) stand out in the Western Balkan region for having the highest values. In recent years, countries and economies in the Western Balkan region with high scores on this aspect have changed. In 2015, Albania and Bosnia and Herzegovina were the top two countries in the region. Over the past five years, index scores for Albania, Bosnia and Herzegovina, and Serbia have dropped by 0.10 on average.
The WJP’s measure of the protection of fundamental rights combines information on effective law enforcement and due process of law, and the adherence to a range of basic human and labour rights that are established under international law. The protection of fundamental rights in the Western Balkans is rated much lower than in OECD and OECD-EU. The average index score of the region is at 0.59, in comparison with an OECD-EU average of 0.78 and OECD average of 0.76. There are no significant differences across the region in this area in 2020, but the score in Bosnia and Herzegovina deteriorated from 0.66 in 2015 to 0.59 in 2020.
Countries that have fundamental rights in place tend to have limited government powers and vice versa. The figure shows a strong positive correlation between constraints on government powers and the existence of fundamental rights, a pattern that is also observed in Western Balkans. Western Balkans score significantly higher for fundamental rights than for constraints on government powers (0.59 compared to 0.46), on average, and are all placed to the right of the regression line.
The World Justice Project collects data via a set of questionnaires based on the Rule of Law Index’s conceptual framework. For the dimension on “constraints on government powers” and “fundamental rights” questionnaires are administered to legal experts who frequently interact with their national state institutions. On average 30 experts per country are surveyed. All variables used to score each of the factors are codified and normalised to range between 0 (lowest) and 1 (highest). For more information on the variables used for building the composite, see https://worldjusticeproject.org/our-work/research-and-data/wjp-rule-law-index-2019/methodology.
Further reading
World Justice Project (2020), Rule of Law Index 2020, World Justice Project, Washington, DC, https://worldjusticeproject.org/sites/default/files/documents/WJP-ROLI-2020-Online_0.pdf.
Figure notes
9.4., 9.5.: Data for Kosovo are only available for year 2020. Data for Montenegro are not available.
Source: World Justice Project (2020), Rule of Law Index 2020.
Source: World Justice Project (2020), Rule of Law Index 2020.
Source: World Justice Project (2020), Rule of Law Index 2020.
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