Weekly Analysis
Weekly Analysis
WBC Staff
Friction between executive and judicial branches is sharpening into open confrontation across the Western Balkans, brought to light by recent elections and corruption scandals.
These disputes reveal a broader pattern of executive testing of the outer limits of judicial tolerance, raising renewed concerns about the strength of institutional checks and balances. The pattern is particularly evident in Bosnia and Herzegovina, Albania, and Kosovo, where executives are colliding with courts in post-conflict and EU-accession settings meant to consolidate the rule of law. The erosion of the judiciary in these states ultimately weakens the region’s remaining guardrails against authoritarian drift and destabilizing hard-power contests. Such patterns also open space for Hungary to elevate its position as a regional actor through solidifying support for subversive executives.
Bosnia struggles with judicial oversight between Republika Srpska (RS) and the Federation, exacerbated by the Nov. 23 snap presidential elections in RS. This has effectively created multiple competing “centers of legality,” allowing entity leaders to choose which rulings to respect.
RS President-elect Siniša Karan’s recent victory is disputed by the opposition Serb Democratic Party. Beyond citing fraud in four local communities, there remains skepticism that Karan will continue to execute on former President Milorad Dodik’s politics, making Karan’s election look like a succession rather than a leadership change.
This is reinforced by the Basic Court in Banja Luka’s rejection of a proposal by the Central Election Commission of Bosnia and Herzegovina (CEC BiH) to remove Dodik from the register as the authorized person representing the Alliance of Independent Social Democrats (SNSD). Removing Dodik from the register would add “bite” to the Court of BiH’s decision to ban him from performing public functions for six years. However, the ability to do so was passed from the Court of BiH to the CEC BiH, which then passed the directive to Banja Luka’s Basic Court, revealing a lack of concrete consensus on judicial jurisdiction. This illustrates how Bosnia’s legal architecture can be instrumentalized to dilute accountability even when sanctions formally exist. This has further turned enforcement into a moving target, signaling to political elites that rulings may be procedurally sidestepped.
Compounding the institutional friction, the Constitutional Court of BiH recently confirmed that the entities have no jurisdiction to challenge the final judgments of the Court of BiH. The case of the Court of BiH stripping Dodik of his mandate in name only, due to a lack of directive, demonstrates current oversight in coordination between Bosnia’s judicial entities that allows for Dodik’s continued political maneuvering. This risks reinforcing the perception that political will, not legal constraint, ultimately decides who exercises power in the RS.
Albanian Prime Minister Edi Rama’s refusal to replace Deputy PM Belinda Ballaku, who was dismissed on corruption charges in late November by Albania’s independent judicial force organized to target corruption, Special Structure against Corruption and Organized Crime (SPAK), claiming the suspension to be “a brutal act of interference in the independence of the executive branch,” undermines judicial authority. More precisely, by recasting judicial scrutiny as an attack on the executive’s democratic mandate, Rama may be seeking to personalize power while formally staying within constitutional rules.
Rama warned of taking Ballaku’s dismissal to the Constitutional Court, claiming the charges set “a unique and dangerous precedent” for executive powers. In response, Albania’s Judges Association accused Rama of putting pressure on the court. This exchange points to an imbalance between an assertive executive with strong political capital and judicial actors that remain institutionally weaker in public confrontations.
Despite the country recently opening its final cluster of negotiations for EU accession, Rama’s persistence in anchoring himself in Albanian politics vis-à-vis rhetoric that undermines judicial review prompts concern for Albania’s democratic direction.
The Central Election Commission refused to accredit the Belgrade-backed Srpska Lista party for parliamentary elections, prompting disappointment from Kosovo’s Western allies. Undercutting minority representation gives Belgrade an easy pretext to question the election’s legitimacy and puts Kosovo at odds with the U.S. and EU partners backing its statehood.
The previous two times the Srpska Lista’s application was rejected by the CEC, the party won an appeal at the Elections Complaints and Appeals Panel. However, caretaker Prime Minister Albin Kurti’s Vetevendosje party spearheaded the rejections, inducing concern for political maneuvering with the goal of artificially consolidating power and undermining the democratic process. Excluding a major Serb party could deepen mistrust among Kosovo Serbs, trigger new boycotts, and weaken the claim that Kosovo’s institutions offer a genuinely democratic alternative to Belgrade’s influence.
Kurti’s waning popularity is demonstrated by Vetevendosje’s two-time failure to form a government, which is now pushing Kosovo into snap elections in December, while his hardline stance on Serbia has not translated into stable majority support. The combination of parliamentary deadlock and confrontational rhetoric risks further polarizing Kosovo’s politics and eroding public trust in its institutions.
Further contributing to tensions is the recent swearing-in of Serb mayors in Kosovo’s northern municipalities, which is seen as a “retaking of power” for Serbs following a period of political boycotts due to Pristina’s policies toward the Serb minority. The deepening political divide between Kosovo’s north and the rest of the country keeps the area vulnerable to new flashpoints among local Serb leaders, Kosovo institutions, and Belgrade.
As institutional tensions build, Hungary seeks to assert itself as a key regional player through building allyship with executive leaders increasingly under fire at home.
In Bosnia, a plane carrying Hungary’s foreign minister was denied landing in Banja Luka due to Budapest’s open support for separatist acts initiated by Dodik that undermined Bosnia’s sovereignty. With a fragmented external posture where different domestic actors can send competing foreign policy signals to the same partner state, Bosnia’s sovereignty has become a diplomatic battleground that foreign, illiberal actors can exploit.
Similarly, Hungarian Prime Minister Viktor Orbán met with Serbian President Aleksandar Vučić to discuss the possibility of acquiring the majority Russian-owned NIS oil company following U.S. sanctions. Orban has strengthened relations with Vučić as the ongoing protests erode the Serbian president’s popularity, and such prospective financial support underscores Budapest’s growing regional influence, which could complicate the EU’s ability to use energy as leverage in the Western Balkans.
Budapest’s continued effort to position itself as a patron of embattled executives is evidence of the existence of illiberal support inside the EU. Budapest is effectively offering such leaders an external sponsor when they resist rule-of-law pressures from Brussels and Washington, thus weakening Western leverage over democratic and judicial reforms.
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