U.S. enacts Western Balkans Democracy law with strong criticism of Serbia

In a significant move reflecting ongoing concerns about democratic backsliding in parts of Europe, the United States Congress has incorporated the Western Balkans democracy and prosperity act into the National defense authorization act (NDAA) for the fiscal year 2026.

This year’s defense policy bill, which authorizes approximately $901 billion in military spending, passed both chambers with strong bipartisan support and was signed into law by President Donald Trump on 18 December.

While much of the Western media focus on NDAA has centered on provisions upholding European defence commitments, the inclusion of the Western Balkans section largely flew under the radar, despite their significance as to U.S. policy toward the region, particularly Serbia.

The Western Balkans democracy and prosperity act stands out for its explicit and detailed assessment of democratic challenges in the region. Among the six countries covered – Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia, only Serbia receives singular attention for its electoral practices and broader governance issues.

Electoral irregularities and democratic concerns in Serbia

Drawing directly from a report of the OSCE Office for democratic institutions and human rights (ODIHR), the legislation expresses “deep concern” over the state of democracy in Serbia following the parliamentary and local elections held on 17 December 2023, and their aftermath.

The ODIHR mission highlighted unfair conditions that undermined the integrity of the vote. Observers documented numerous procedural deficiencies, such as inconsistent application of safeguards during voting and counting, frequent overcrowding at polling stations, breaches of vote secrecy, and widespread instances of group voting. In some cases, the report recommended repeats of voting at certain stations due to these irregularities. These findings paint a picture of an electoral environment tilted in favor of the incumbent ruling party, raising questions about the level playing field essential to genuine democratic competition.

Compounding these concerns, the U.S. act notes that Serbian authorities have repeatedly accused mostly peaceful protesters, opposition parties, and civil society organisations of attempting to destabilise the government. This rhetoric is described as a “worrying allegation” that poses threats to the security and freedom of key societal actors who play vital roles in holding power to account. Such accusations, the legislation implies, contribute to an atmosphere of intimidation that erodes public trust and stifles dissent.

Combating corruption and disinformation through sanctions

Corruption emerges as another central theme, identified as a pervasive issue suffocating progress across the Western Balkans.

The act specifically calls out corruption “including among key political leaders” as one of the greatest obstacles to economic and political advancement. It links this problem to disinformation campaigns that erode faith in democratic institutions and the electoral process. These challenges are said to thrive in environments characterized by autocratic tendencies or deep partisan divisions, a description that aligns closely with observations of Serbia’s political landscape under prolonged rule by the Serbian Progressive Party of Aleksandar Vučić.

To address these threats, the legislation introduces robust mechanisms. Most notably, it mandates the President to impose sanctions no later than 90 days after enactment on any foreign person involved in or attempting corruption related to the Western Balkans. This includes acts committed by or on behalf of regional governments, as well as current or former officials.

Sanctions extend to those undermining democratic processes, institutions, or committing serious human rights violations, with potential measures including asset freezes and visa bans. This codifies and strengthens existing executive authorities, making them a statutory obligation rather than discretionary.

Complementing punitive measures, the Secretary of State is directed to launch an Anti-corruption initiative. Through expanded technical assistance, best practice exchanges, and training programs, this effort aims to bolster civilian law enforcement, judicial systems, and administrative bodies. Particular emphasis is placed on reinforcing national anti-corruption strategies to target political corruption in critical areas like the judiciary, election oversight bodies, and public procurement.

On foreign influences, the legislation warns of the dangers posed by dependence on Russian fossil fuels and natural gas, which tie regional economies and politics to Moscow, hindering European aspirations. It declares reducing this reliance a U.S. national interest. Similarly, China’s expanding role is flagged as potentially harmful to strategic competition, democracy, and European economic integration.

Serbia-Kosovo normalization

A dedicated section addresses Serbia-Kosovo relations, viewing the EU-mediated Ohrid Agreement of February 2023 as a positive step toward normalization. Both sides are urged to make immediate progress on its implementation annex. Upon sufficient advancement, the U.S. should explore enhanced bilateral ties, including strategic dialogues and deeper economic investments. Crucially, the act affirms U.S. policy against advocating territory exchanges, partitions, or ethnic border redrawing as solutions to disputes, instead prioritizing support for pluralistic democracies to avert historical ethnic conflicts.

This development signals a bipartisan congressional consensus on the need for firmer U.S. engagement in the Western Balkans amid global uncertainties. By embedding these measures in must-pass defence legislation, Congress has ensured they carry legal weight, potentially reshaping U.S. diplomacy toward Serbia and its neighbors in the years ahead./EuaLive.