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Judicial Globalization, Europeanization and (G)localization: Evidence from the Balkans

par Coman, Ramona ;Commaille, Jacques
Référence Southeastern Europe, 40, 3, page (293-316)
Publication Publié, 2016

Article révisé par les pairs

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Résumé :

Over the last decades, academic interest in judicial globalization and judicial reforms has increased. The literature has gone through three distinctive waves of research. One part of this literature examines judicial reforms from a top-down perspective, revealing the origins and evolution of European/international prescriptions related to rule of law consolidation. By looking at the motivations and actions on the ground, another strand of the existing research examines the effects of these prescriptions at the domestic level. In addition, in recent years, a more reflexive and critical approach to judicial reforms has emerged, questioning not only the modest outcomes of these reforms but also the limitations of the international rule of law community in promoting them. This introductory article reviews this growing body of studies, highlighting the main findings and pointing out new avenues for research. In its final section, it provides an overview of the lines of reasoning and the content of this special issue. Overall, it endeavors to shed more light on judicial reforms in the region and to promote this research agenda, which implies to examine the complex relationship between judicial globalization, Europeanization and glocalization.