FROM LEGAL HARMONIZATION TO EFFECTIVE ENFORCEMENT: CONTRACT ENFORCEMENT AND INSTITUTIONAL PERFORMANCE IN NORTH MACEDONIA AND ALBANIA IN THE CONTEXT OF EUROPEAN PRIVATE LAW

KAMBERI, Donika and Mehmeti, Sami (2026) FROM LEGAL HARMONIZATION TO EFFECTIVE ENFORCEMENT: CONTRACT ENFORCEMENT AND INSTITUTIONAL PERFORMANCE IN NORTH MACEDONIA AND ALBANIA IN THE CONTEXT OF EUROPEAN PRIVATE LAW. In: International Congress “From Research to Application”, 20 May, 2026, University of Tetova.

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Abstract

The study offers a stringent, data-based comparative examination of contract enforcement efficiency and institutional quality in North Macedonia and Albania, benchmarked against European Union (EU) norms under the European Private Law framework. Although both states have formally advanced legislative harmonization with the acquis communautaire, systemic gaps between legal transposition and operational implementation persist. Through an empirical approach based on standardized benchmarks from the World Bank and the Worldwide Governance Indicators, the study measures three key aspects of enforcement—duration, cost, and procedural complexity—against institutional metrics such as rule of law and government effectiveness. Results indicate both jurisdictions fall substantially below EU medians, with North Macedonia having significantly longer enforcement delays (630 days compared to EU median of 545) and higher costs (33% claim value compared to 21%). Albania performs moderately better on timeliness but remains equally afflicted by high procedural complexity and affordability shortfalls. Despite significant enhancements in governance quality and economic growth between 2015 and 2020, these governance advances have failed to yield significant gains in enforcement results, thus disproving an assumed interconnection between governance reform and judicial efficiency. The study reveals a fundamental implementation gap: harmonization in form has not produced harmonization in function. The study contends that substantive convergence with EU legal standards demands not only legal alignment, but systemic reform of judicial administration, procedural simplification, and focused investment in access to justice. By consolidating comparative law with empirical legal research, the paper provides timely insight into the dilemmas of legal Europeanization in EU candidate countries and highlights the imperative for reform approaches premised on operational effectiveness over formal compliance. In this sense, the paper extends the author’s broader research interest in the relationship between legal norms, institutional performance, accountability, and practical enforcement.

Item Type:	Conference or Workshop Item (Paper)
Subjects:	J Political Science > J General legislative and executive papers
Divisions:	Faculty of Law, Arts and Social Sciences > School of Social Sciences
Depositing User:	Unnamed user with email zshi@unite.edu.mk
Date Deposited:	17 Jun 2026 06:25
Last Modified:	17 Jun 2026 06:25
URI:	http://eprints.unite.edu.mk/id/eprint/2353

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