RULE OF LAW AND DEMOCRATIC CONSOLIDATION IN SERBIA

In: Facta Universitatis / University of Niš: the scientific journal. Series law and politics, S. 197

Abstract

Renowned international organizations classify Serbia as a democracy. However, they usually assess the state of democracy on the basis of the narrow theoretical concept of electoral democracy, which easily creates a fallacy that the free elections represent not only a necessary but sufficient condition for democracy. The concept of liberal consolidated democracy, in addition to procedural aspects, implies stricter normative and analytical criteria, such as the rule of law and the mechanisms of vertical and horizontal accountability, which constitute institutional guarantees for the application of fundamental democratic principles. In the absence of these mechanisms, electoral democracies become defective. According to relevant research, Serbia is classified as a semi-consolidated (defective or flawed) democracy. Irregularities in election procedures, as well as the violation of elements that guarantee respect for democratic norms and institutions in recent years indicate a certain democratic "regression". Bearing this in mind, the paper examines the extent to which the rule of law represents support to the consolidation of democracy in Serbia and points out to the potential causes of the observed deficiencies in this area, which aggravate the consolidation of democracy.