Between dream and reality challenges to the legal rapprochement of the Western Balkans

This chapter aims to take stock of the approximation effort in the Western Balkans and to identify the biggest obstacles and threats to effectiveness of EU law in these potential Member States. It overviews approximation clauses in the Stabilisation and Association Agreements. This will lead us to an analysis of the experience and risks associated with the existing approximation effort. The chapter also focuses on the role of national courts in the approximation exercise and examines if there are any signs whether judges are willing and able to bring EU law into the equation of national proceedings. Finally, attention will be paid to the Energy Community, as all its members, including the Western Balkan countries, have the obligation to apply the EU acquis listed in the annex to the constituent treaty of this international organisation. The chapter aims to demonstrate the crucial difference between the obligation to approximate national law with EU acquis and the obligation to apply EU law.