1. Introduction
1. In June 2003, the first EU-Western
Balkans Summit, held in Thessaloniki under the Greek Presidency of
the European Union, catalysed hopes and political will. Its Conclusions
sealed the EU unequivocal support for
the European perspective of the Western Balkans based on the shared
values of democracy, the rule of law, respect of human and minority
rights, solidarity and a market economy. The European Union and
the governments of the countries concerned reiterated their commitment
to respecting international law, ensuring the inviolability of international
borders, peaceful resolution of conflicts and regional co-operation.
The Western Balkans committed to undertaking reforms to meet the
EU accession criteria.
2. In 2004, the enlargement of the European Union to Cyprus,
the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta,
Poland, Slovak Republic and Slovenia, and subsequently to Bulgaria
and Romania in 2007 rekindled the Western Balkans’ expectations
to follow the same path.
3. And yet, with the exception of Croatia, nearly two decades
after the Thessaloniki Summit the Western Balkans remain on the
EU waiting list. The initial years of enthusiasm were followed by
a lack of momentum and a tough reality check, which gave way to
disappointment, frustration and pessimism. Failure to reward progress
along the path of EU accession contributed to fuelling ethnocentric
impulses and nationalistic nostalgia, tarnished the credibility
of the EU amongst the public opinion and led to the rise of anti-European sentiments
in the region.
4. These concerns were expressed in the motion for a recommendation
tabled by Mr Piero Fassino (Italy, SOC) and other colleagues in
September 2021, which is at the origin of the present report.
The
motion called on the EU to give a fresh impetus to the enlargement
to the Western Balkans and called on the Council of Europe to play
a greater role in helping the region move forward and successfully
pursue its European vocation.
5. Since the tabling of the motion, the context in Europe has
changed, making its recommendations even more pertinent and urgent.
The Russian Federation has been waging a large-scale war of aggression
against Ukraine, as a result of which it has been expelled from
the Council of Europe. In the Western Balkans, it has been fomenting
divisions and pushing a wide range of levers to expand its influence
and stir destabilisation.
6. On 23 June 2022, the President of the European Council, Charles
Michel, announced that both Ukraine and the Republic of Moldova
had been granted candidate status. Despite the relevance of the
decision given the geopolitical circumstances, this development
has increased frustration among Western Balkan countries, which
had to face a long and complicated process before reaching this
stage.
7. In this new page of European history, it is even more clear
that supporting democratic reforms and respect for the rule of law
and human rights, reconciliation and good neighbourly relations
is a geostrategic investment in peace, stability and security for
the European continent. This is why responding to the Western Balkans’
aspirations for EU membership, which is the ultimate step in a process
of European integration which started in the early 1990s, is so
important not only for the countries concerned but for the whole
of Europe.
8. In its
Resolution
2430 (2022) “Beyond the Lisbon Treaty: strengthening the strategic
partnership between the Council of Europe and the European Union”,
the Parliamentary Assembly underlined that the prospect of EU membership
for the Western Balkans represents a factor of stability in Europe,
especially in light of the new security context following the Russian
Federation’s aggression against Ukraine. Furthermore, the Assembly
called on the Council of Europe to redouble its efforts to help
its member States wishing to join the European Union to make tangible
and measurable progress towards meeting the necessary criteria.
9. Speed and compliance with criteria are equally crucial. The
Council of Europe should not fail its historic responsibility to
accompany the Western Balkans’ European integration process to the
finishing line and to prevent the region from becoming a battlefield
for geopolitical wrangling, to the detriment of its inhabitants.
10. For the preparation of this report, I benefited from the input
from key Council of Europe and EU officials, politicians from the
countries concerned and experts, whom I wholeheartedly thank for
their insight. A list of hearings and bilateral meetings can be
found in AS/Pol/Inf(2022)13.
2. Significance of the region
2.1. Geographical
scope
11. For the purposes of the present
report, the term “Western Balkans” refers to Albania, Bosnia and Herzegovina,
Montenegro, North Macedonia, Serbia and Kosovo*
.
With Croatia, these countries took part in the Thessaloniki EU-Western
Balkans Summit of June 2003.
2.2. Aspiration
to European integration
12. Following the fall of the Berlin
wall and the upheavals of the 1990s, the Western Balkans made a
clear choice to embrace democracy, human rights and the rule of
law and to embark on a process of European integration, seeking
membership in the Organization for Security and Co-operation in
Europe (OSCE), the Council of Europe and the European Union.
13. Integration in the OSCE was the first step. Albania joined
in 1991, Bosnia and Herzegovina and Croatia in 1992, North Macedonia
in 1995. The Socialist Federal Republic of Yugoslavia had been an
OSCE Participating State since 1973. It was suspended in 1992, a
unique decision in the history of the OSCE. The Federal Republic
of Yugoslavia, comprising Serbia and Montenegro, was admitted in
2000. Following the dissolution of the State Union with Serbia,
Montenegro joined in 2006.
14. Likewise, Albania was the first country of the region to join
the Council of Europe in 1995, followed by North Macedonia the same
year, Bosnia and Herzegovina in 2002, the Federal Republic of Yugoslavia
in 2003 and, following the dissolution of the State Union with Serbia,
Montenegro in 2007. Kosovo applied for membership in the Council
of Europe in May 2022.
15. Since the end of the 1990s, relations with the European Union
have become increasingly close. In 1999, the European Union launched
the Stabilisation and Association Process (SAP), a framework for
relations between the EU and countries in the region, and the Stability
Pact for South-Eastern Europe, a broader initiative involving all
key international players, including the Council of Europe and the
OSCE. The Stability Pact was replaced by the Regional Cooperation
Council in 2008.
As already mentioned, the 2003 European Council
in Thessaloniki reaffirmed that all these countries were potential
candidates for EU membership, a perspective which was reiterated
by successive EU-Western Balkans Summits.
16. Despite these reassurances, the length of time that has elapsed,
failure to reward progress, the real or perceived impression that
the European Union would prioritise other issues over enlargement
and the manifest hesitations of some EU member States have taken
a toll on the credibility of the process. Over the years, confidence
in the EU integration process has been declining amongst public
opinion in the region, together with pro-European sentiments.
2.3. Common
challenges
17. The Western Balkans are geographically,
culturally and historically an integral part of Europe. They are also
a region of political instability in which the spectrum of violence
still looms large and a number of bilateral disputes of various
intensity affect good neighbourly relations.
18. At the moment and since joining the Organisation, Albania,
Bosnia and Herzegovina and Serbia are under the monitoring procedure
while Montenegro and North Macedonia are currently in post-monitoring dialogue.
In addition, the Committee on Political
Affairs and Democracy has been preparing reports on the situation
in Kosovo for a number of years.
19. Despite the specificities of each country, it is possible
to identify some common concerns which, at varying degrees, affect
compliance with Council of Europe standards and hold back further
progress towards European integration. Amongst them are:
- a polarised political climate
which often affects the collaboration between political forces and
sometimes leads to interinstitutional conflicts, including the boycott
of parliamentary activities;
- serious rule of law and good governance issues which affect
the independence and impartiality of the judiciary and the functioning
of the public administration;
- issues relating to the rights of national minorities and
minority communities and the persistence of cleavages along ethnic
lines which affect many aspects of life;
- issues relating to freedom of the media and media ownership.
20. The region has not been sheltered from democratic backsliding,
a problem affecting all European countries and which grew in importance
during the Covid-19 pandemic. Cases of poor transparency in public procurement
of medical supplies emerged and limits were placed on freedom of
expression and media freedoms.
On the other hand,
all the countries of the region managed to hold elections during
the pandemic and parliaments continued to function.
21. Against this background and in light of the past conflicts
which ravaged the region, the rise of nationalistic and ethnic rhetoric
in political discourse is a matter of serious concern. This posturing
sometimes interacts with the specificities of the institutional
set-up which was agreed in Dayton. The situation in Bosnia and Herzegovina,
in which Republika Srpska threatens secession, is the most visible
sign of the risks deriving from this dual challenge.
2.4. Between
regional co-operation and bilateral disputes
22. Inclusive regional co-operation
is one of the key benchmarks for assessing progress in view of EU integration.
A wide range of regional co-operation agreements are in place: some
of them are limited to the region in the narrow sense while others
include also other European countries.
23. Amongst the regional co-operation agreements in the economic
field are:
- the Central European
Free Trade Agreement (CEFTA) which includes Albania, Bosnia and Herzegovina,
the Republic of Moldova, Montenegro, North Macedonia, Serbia, and
UNMIK on behalf of Kosovo;
- the Regional Economic Area (REA) which, since 2017, under
the Berlin Process, brings together six EU member States
(Austria, Croatia, France, Germany, Italy, and Slovenia) and the
six Western Balkan countries with a view to encouraging the inflow
of foreign direct investments, diversifying their sources and enabling
deeper economic integration amongst its members and with the EU
single market;
- the Common Regional Market (CRM), agreed by the leaders of the six
Western Balkan countries during the EU Sofia Summit to increase
the attractiveness and competitiveness of the region and to bring it
closer to the EU markets.
24. Other regional initiatives include the South-East European
Cooperation Process (SEECP); the Centre for Security Cooperation
(RACVIAC); the Migration, Asylum and Refugee Regional Initiative;
the Western Balkans Investment Framework (WBIF); the Regional School
of Public Administration; and the Regional Youth Cooperation Office
(RYCO).
While initiatives are numerous, they
are not equally successful or effectively implemented, sometimes
due to poor implementation capacity.
25. Bilateral issues often stand in the way of inclusive regional
co-operation. One of the most important tools in this area is the
EU-facilitated Dialogue between Pristina and Belgrade, which aims
to achieve a comprehensive normalisation agreement in order for
both sides to progress on their respective European path, create
new opportunities and improve the lives of ordinary people. One
of the achievements in this process was, in 2012, the agreement
on Kosovo’s regional representation and, the following year, the
First Agreement on principles governing the normalisation of relations
between Belgrade and Pristina.
These texts unlocked, in a pragmatic
way, the possibility for Kosovo to formally join regional co-operation
initiatives. This has been the case for all the regional co-operation
initiatives which are mentioned above. Similarly, a dangerous flare-up
of tensions in the summer of 2022 was partly addressed through the
agreement on freedom of movement reached on 27 August 2022.
26. In 2018 the Prespa agreement between Greece and North Macedonia
settled the long-standing difference on the issue of the latter’s
name and set forth good neighbourly relations between the two countries. This
paved the way for North Macedonia’s membership in the North Atlantic
Treaty Organisation (NATO) and lifted the objection by Greece to
open EU accession negotiations.
27. In 2022, another major deadlock was overcome following an
EU-brokered agreement between Bulgaria and North Macedonia: the
former would lift its veto against the opening of enlargement negotiations
while the latter would introduce new measures recognising the rights
of the Bulgarian minority. The agreement, despite being supported
by parliament, gave rise to public protests in North Macedonia,
which highlights the need to continue to work to create trust and
mutual understanding, also by strengthening engagement with civil society.
At the same time, it is very important
that the parliament which will result from the parliamentary elections
of 2 October 2022 in Bulgaria will honour this agreement.
2.5. Inter-parliamentary
dialogue
28. Parliamentary diplomacy and
interparliamentary co-operation can be instrumental to enhancing
regional integration and democratic security in the region. This
can be achieved not only through bilateral parliamentary groups,
but also through active participation in regional inter-parliamentary
bodies such as the Parliamentary Assembly of the South-East Cooperation
Process (SEECP PA) and the Cetinje Parliamentary Forum (CPF)
. The parliaments of Bosnia and Herzegovina,
Croatia, Montenegro and Serbia have established a conference of
their foreign affairs committees.
29. With the exception of the Assembly of Kosovo, the parliaments
of the countries concerned are also members of other international
assemblies, such as the Parliamentary Assembly of the Council of
Europe, the OSCE Parliamentary Assembly, the Parliamentary Assembly
of the Mediterranean (PAM), the Adriatic-Ionian Initiative (AII)
and the parliamentary dimension of the Central European Initiative
(CEI), amongst others.
30. The European Union has played a major role in fostering dialogue
between the parliaments of the region and enhancing the role of
parliaments in the enlargement process, through the Conference of
the parliamentary committees on European integration/affairs of
the States participating in the Stabilisation and Association Process
in South-East Europe (COSAP) and the organisation of two Summits
between the European Parliament and Western Balkans’ speakers of
parliament, in 2020 and 2021. A very important tool for political dialogue
for all the countries of the region is the Stabilisation and Association
Parliamentary Committees (SAPC), which are composed of members of
parliament of each country and the European Parliament and aim to
ensure proper implementation of the Stabilisation and Association
Agreement (SAA) at parliamentary level.
2.6. Reconciliation
31. Reconciliation is a prerequisite
for maintaining peace and security, establishing sustainable co-operation and
setting the region firmly on its European path. And yet, conflicting
narratives about the past continue to charge relations between communities
and countries of the region with animosity. In addition, as indicated
by the European Commission in its annual evaluation reports, there
continue to be setbacks and standstills in the domestic prosecution
of war crimes and delays in access to justice for victims of the
conflicts in the former Yugoslavia. The issue of missing persons
who disappeared at that time remains a major humanitarian concern. Attacks
against the work of the International Criminal Tribunal for the
former Yugoslavia undermine its credibility amongst public opinion.
32. As the Secretary General of the Council of Europe, Marija
Pejčinović Burić, said when addressing the 27th Commemoration
Ceremony for the Victims of Srebrenica Genocide, “Remembrance and
reconciliation are hard. But they are essential. They are needed
so that people can understand, heal, and move forward, together,
in the interests of every community”.
It is high time for the authorities
of all the countries concerned to lead by example and come to terms
with the legacy of the past. The role of civil society is also of
crucial importance to overcome prejudice and restore trust.
2.7. Economic
outlook
33. The economic outlook is uncertain.
Since 2021, just as the economy started to recover from the strain provoked
by the Covid-19 pandemic, a new set of challenges has been confronting
the region. Public debt is very high, also as a consequence of the
response to the Covid-19 pandemic. Potential growth remains constrained
by the need for structural reforms to boost productivity, increase
competition, invest in human capital, and strengthen governance
and public sector efficiency. The existing social infrastructure
is not adequately supportive of the human capital potential, which
leads people, especially the youth, to emigrate. The war of aggression
against Ukraine is also having an economic impact, particularly
through higher energy and food prices as well as the disruption
of trade and investment flows, putting the region’s recovery at
risk.
34. The European Union is the biggest investor in the region.
In 2020, the European Commission launched the Economic and Investment
Plan for the Western Balkans (EIP), which aims to support the long-term recovery
of the region, accelerate a green and digital transition, and foster
inclusive regional co-operation and convergence with the European
Union. The plan allocates a substantial financial package of up
to €9 billion in EU funds, identifying 10 investment flagships in
the sectors of sustainable transport, clean energy, environment and
climate, digital future, human capital and the private sector.
35. The European Union can also provide guarantees to help reduce
the cost of financing for both public and private investments and
to reduce the risk for investors. Support through the new Western
Balkans Guarantee facility, under the EU External Action Guarantee
and the European Fund for Sustainable Development Plus, is expected
to mobilise potential investments of up to €20 billion in the next
decade.
36. The Economic and Investment Plan will represent a massive
injection of funds, amounting to about one-third of the region’s
total GDP. It is of crucial importance to ensure that this funding
is well spent, supporting grassroots initiatives, promoting inclusive
growth for women and young people, and spurring entrepreneurship.
2.8. The
Western Balkans on a geopolitical fault line
37. The Western Balkans attract
the interest of a number of players from outside the region who
use a mixture of economic investment and soft power as a vector
to accrue political influence.
38. As there is limited investment from EU countries in the region,
Western Balkan countries in many cases try to attract investment
from third countries like China. In the last decade, China has committed
$2.4 billion in net foreign direct investment to the Western Balkans,
along with $6.8 billion in infrastructure loans. China finances
projects such as highways, railways, and power plants in the framework
of its Belt and Road Initiative (BRI). It also purchases key stakes
in several key transport and energy companies. In addition to investments and
loans, China uses soft power tools such as academic co-operation
and vaccination diplomacy to strengthen its position.
39. Although its economic footprint in the region has diminished
since the illegal annexation of Crimea, the Russian Federation retains
influence in strategic sectors such as energy, banking, metallurgy
and real estate, especially in Serbia, Bosnia and Herzegovina and
North Macedonia.
40. Although Serbia conducts more than two-thirds of its foreign
trade with the European Union, it has long standing ties with the
Russian Federation. The Russian Federation condemned NATO’s intervention
in 1999 and has consistently stood by Serbia on the Kosovo issue,
including in the UN Security Council. It exerts a considerable soft
power in the country through culture and religion, and more recently,
vaccine diplomacy. It also has an impact on media mainly through
the Sputnik news agency that has had an office in Belgrade since 2014.
41. A recent report by the European Parliament’s special committee
on foreign interference in democratic processes describes the Russian
Federation’s attempts to destabilise the countries of the region
by exploiting ethnic tensions and bilateral differences while discrediting
the European Union and boosting its own profile.
42. Differences between the countries of the region can be seen
in relation to their alignment with the European Union on sanctions
against the Russian Federation. Albania, Kosovo, Montenegro and
North Macedonia have joined the EU sanctions against the Russian
Federation, while Bosnia and Herzegovina and Serbia have not. On
29 May 2022, President Aleksandar Vučić announced that Serbia had
signed an agreement on a new three-year gas contract with the Russian
Federation.
43. Similarly, in the area of security and defence, Albania, Montenegro
and North Macedonia joined NATO respectively in 2009, 2017 and 2020.
KFOR – a NATO-led peacekeeping force – has been stationed in Kosovo since
1999 under United Nations Security Council Resolution 1244. Bosnia
and Herzegovina is a NATO partner; any further integration into
the Alliance, however, is opposed by Republika Srpska, the parliament
of which has taken a clear position in support of neutrality.
Serbia has been a member of the
NATO Partnership for Peace since 2009 while, at the same time, its
National Assembly has been an observer with the Parliamentary Assembly
of the Common Security Treaty Organisation (CSTO) since 2013. Its
military concept is one of neutrality. The Russian Federation is
Serbia’s biggest arms supplier, despite increasing competition with
China.
44. The Strategic Concept adopted at the NATO Summit in Madrid
in July 2022 explicitly reaffirms the strategic importance of the
Western Balkans for the Alliance and its commitment to develop its
partnerships with Bosnia and Herzegovina.
45. Türkiye is a Council of Europe member State with considerable
influence in the Western Balkans. In the past few years, it has
provided cultural and educational programmes through institutions
like the Maarif Foundation in countries with a large Muslim community,
especially in Albania, Bosnia and Herzegovina, North Macedonia,
and Kosovo; it has invested in projects such as motorways, bridges,
hospitals, schools, mosques, and the restoration of buildings from
Ottoman heritage. Türkiye’s soft power in the region is also reinforced
by the popularity of Turkish culture, especially TV shows and entertainment
industries, among certain sectors of the population. Politically,
Türkiye has been promoting trilateral meetings with Bosnia and Herzegovina
and Serbia focusing on improving economic co-operation.
46. Awareness of the geopolitical importance of enlargement has
increased amongst EU officials, namely in light of the Russian Federation’s
war of aggression against Ukraine
. As
formulated by the President of the European Commission, Ursula von
der Leyen, the recommendation for opening accession negotiations
is in the EU’s geostrategic interest. EU Commissioner for Neighbourhood
and Enlargement Olivér Várhelyi added that the decision about starting
accession negotiations confirms the geostrategic importance of the
Western Balkans and demonstrates that Europe is willing and able
to take geopolitical decisions even in these trying times of the
Covid-19 pandemic.
3. The
process of EU enlargement
3.1. Political
support from EU Institutions
47. The Thessaloniki Summit in
2003 was the beginning of a process which continued, 15 years later,
with the Summit in Sofia and the resulting Sofia Declaration. This
text stressed the importance of the Western Balkans' continued commitment
to the rule of law, the fight against corruption and organised crime,
good governance, as well as respect for human rights and rights
of persons belonging to minorities. The effective implementation
of reforms in these areas was and continues to be key for the region's
further progress along the European path. In Sofia, EU and Western
Balkan leaders agreed to take a number of actions to improve energy
and transport infrastructure, as well as digital connectivity in
the region. EU and Western Balkans partners also laid the ground
for an ever-closer co-operation in the areas of security, migration
and in tackling geopolitical challenges.
48. The Council Conclusions adopted in June 2019 reaffirmed the
European Union’s “commitment to enlargement which remains a key
policy of the EU” and the European Commission adopted its communication reinvigorating
the accession process to be based on solid trust, mutual confidence
and clear commitments on both sides.
49. The following Summit in Zagreb in 2020 revolved around the
challenges in tackling the pandemic and its socio-economic consequences,
while
during an EU-Western Balkans summit in Brdo pri Kranju, Slovenia, on
6 October 2021, EU leaders reiterated their support for the countries
and set out a range of initiatives to boost the region.
Amongst other issues, agreement was
reached to enhance co-operation between EU and Western Balkan partners
on core security issues, in areas such as hybrid threats and disinformation,
cyber and space issues, military mobility and counterterrorism,
together with continued support for countering illicit firearms
trafficking.
50. Prominent members of the European Commission have repeatedly
affirmed that enlargement is one of the Commission’s five priorities
and that the
European project would not be complete without the Western Balkans.
In
March 2021, EU Commissioner Várhelyi stated that the “opening of
EU accession talks sends a loud and clear message […] to the Western
Balkans as a whole. It reaffirms and delivers on the EU's commitment
to the European perspective of the region: its present is with the
EU and its future is in the EU.”
51. The European Parliament has consistently been a strong supporter
of the accession of the Western Balkans to the EU. In a resolution
adopted in October 2019, the European Parliament expressed disappointment
that Albania and North Macedonia were not able to start accession
talks, stressing that the enlargement process has played a decisive
role in stabilising the Western Balkans.
In a resolution adopted in June
2020, MEPs call on the EU to do more to make the enlargement process
for these countries a success.
52. On 26 April 2022, Roberta Metsola, President of the European
Parliament, said that the EU must “think of ways to accelerate the
enlargement process in the Western Balkans”, because “stability
in the immediate neighbourhood is vital for the EU’s own stability”.
53. On 14-16 June 2022, President Michel visited Montenegro,
Kosovo
and North Macedonia
. The main topics for discussion during
high level meetings were EU integration, the impact of the Russian Federation's
aggression against Ukraine on the region and the preparation of
the EU-Western Balkans leaders' meeting on 23 June. The visits followed
an earlier trip to the Western Balkans region from 19-21 May, when President
Michel visited Serbia, Albania and Bosnia and Herzegovina.
54. Even if the Summit of 23 June 2022 did not yield concrete
results and was met with strong expressions of frustration by Western
Balkans leaders, the diplomatic efforts of the EU French presidency
paid off. Once lifted the veto from Bulgaria, as explained earlier
in this report, on 19 July 2022 Albania and North Macedonia officially
started accession negotiations.
3.2. The
revised enlargement methodology
55. In 2019, with a view to enhancing
the credibility of the process, a revised enlargement methodology
was introduced, putting a stronger emphasis on key reforms, such
as rule of law, fundamental freedoms, economy and functioning of
democratic institutions. The partner countries need to address them,
in the interest of their own citizens and to advance on the path
of EU integration. On the other side, the European Union needs to deliver
on its commitments.
56. The revised enlargement methodology:
- puts greater emphasis on political steer,
- sets out the possibility to halt or even reverse negotiations,
- gives more attention to democracy and rule of law,
- promotes greater engagement from EU member States.
57. Credibility, predictability, and dynamism are the key words
of the process as revised by the new methodology, which continues
to be based on established criteria, fair and rigorous conditionality,
and the principle of merits.
58. For the process to move forward, candidates are required,
as a matter of priority, to deliver genuine and sustainable results
on the following key issues:
- the
rule of law,
- justice reform,
- fight against corruption and organised crime,
- security,
- fundamental rights,
- functioning of democratic institutions and public administration
reform,
- economic development and competitiveness.
59. Further progress on reconciliation, good neighbourly relations
and inclusive regional co-operation are also crucial. Inclusive
regional co-operation is of paramount importance in infrastructure,
transport, trade, renewable energy, environmental protection, health,
food security, waste management, research technology and security.
It is also a fact that the countries of the Western Balkans follow
closely each other’s progress. Therefore, progress of one member
becomes a de facto example
to be followed by others and creates positive momentum for all.
The opposite is also valid.
60. The strategic goal of the new methodology is to regain credibility
of both sides and, to this end, the process needs to rest on solid
trust, mutual confidence and clear commitments on both sides. Credibility
should be reinforced through an even stronger focus on the fundamental
reforms which become even more central in the accession negotiations.
Negotiations on these fundamentals will be opened first and closed
last and their progress will determine the overall pace of the process.
61. Furthermore, for the accession process to be more effective,
strategic communication will be of great importance. It is instrumental
to raise awareness amongst the general public of the opportunities
which will arise from reforms and closer integration. The public
political commitment of the respective authorities to the strategic
goal of EU accession will also be assessed more clearly.
62. The negotiating chapters are grouped in six thematic clusters,
which allows for a broader thematic engagement with partners. Stronger
contributions to the package were solicited from member States,
who were consulted during the process and provided input and expertise,
including through their embassies on the ground.
63. To address the concern of some candidate countries about the
very long accession process that can lead to a zero-sum game, a
number of proposals to modify or complement the new accession methodology were
launched. A common key element of these proposals is the gradual
integration of the candidate countries into different sectors of
the European Union.
64. In this spirit recently, Charles Michel, the President of
the European Council, stated: “I think we must make the process
faster, gradual and reversible. We must offer tangible socio-economic
benefits to our partners during the accession negotiations, instead
of waiting until the very end. The solution would lie in gradual,
phased integration, even while the accession process is ongoing”.
65. A big discussion is also taking place around French President
Emmanuel Macron’s idea of a European political community that could
support pre-accession countries by giving them extra ties with the
EU.
66. Additionally, for some time now, the former Italian Prime
Minister Enrico Letta has promoted the idea of a European Confederation,
a kind of wider circle that would hold together the Union’s 27 member
States and its candidate countries. He underlines that this proposal
does not replace the formal accession process without watering down
the requirements of full membership in the Union; the Confederation
should envisage time and places for sharing Europe’s major strategic
choices, starting with foreign policy, defence of peace, and promoting
the fight against climate change.
3.3. Where
different applicants stand in relation to the accession procedure
Albania – Candidate
67. Albania applied for EU membership
in April 2009. In March 2020, the European Commission welcomed the
Council's decision to open accession negotiations with Albania,
subject to final endorsement by the European Council members. In
July 2020, the draft negotiating framework was presented to member
States. Prior to its first intergovernmental conference, Albania
was called on to make further progress on electoral and judicial
reforms and in the fight against organised crime and corruption.
The European Commission confirmed in its 2021 enlargement package
that Albania continues to fulfil the conditions to officially open
accession negotiations and it advanced steadily on the EU reform
path. Accession negotiations were opened on 18 July 2022.
Bosnia and Herzegovina – Potential
Candidate
68. Bosnia and Herzegovina applied
for EU membership in February 2016. The Commission opinion on EU membership
application was delivered in May 2019. EU Council conclusions endorsing
the 14 key priorities were adopted in December 2019.
69. According to the Commission’s assessment, the political environment
remains polarised, as political leaders continued to engage in divisive
rhetoric and unconstructive political disputes, which have hindered overall
progress on the 14 key priorities. The blockage of the State institutions
and the calls to roll back reforms are of deep concern and can only
be overcome through political dialogue. A marked decrease in Bosnia
and Herzegovina's rate of alignment with EU foreign and security
policy is a negative signal. Bosnia and Herzegovina needs to address
the 14 key priorities, including electoral and constitutional reforms,
and will have to deliver on a critical mass of reforms to obtain
candidate status.
Montenegro – Candidate
70. Montenegro applied for EU membership
in December 2008. The accession negotiations are ongoing with 33
chapters open, of which 3 have already been provisionally closed.
According to the Commission’s latest assessment, the priority for
further progress in negotiations remains the fulfilment of the rule
of law interim benchmarks set under chapters 23 (justice and fundamental
rights) and 24 (justice, freedom, and security). To reach this milestone,
the authorities should demonstrate in practice their commitment
to Montenegro’s EU reform agenda. Montenegro needs to further intensify
its efforts to address the outstanding issues, including in the
critical areas of freedom of expression and media freedom and fight
against corruption and organised crime, without reversing earlier
achievements in the judicial reform.
North Macedonia – Candidate
71. In March 2020, the European
Commission welcomed the Council's decision to open accession negotiations
with North Macedonia, subject to final endorsement by European Council
members. In July 2020, the draft negotiating framework was presented
to member States. The European Commission confirmed in its 2021
enlargement package that North Macedonia continues to fulfil the
conditions to officially open accession negotiations and it advanced
steadily on the EU reform path. Once the bilateral difference with
Bulgaria was solved, accession negotiations with North Macedonia
were opened on 18 July 2022.
Serbia – Candidate
72. Serbia applied for EU membership
in December 2009. The accession negotiations are ongoing with 22 chapters
open, of which 2 have already been provisionally closed. In 2020,
the European Council refused Serbia the opportunity to open new
negotiation chapters because of lack of progress with some reforms. According
to the Commission's latest assessment, progress under the rule of
law chapters, normalisation of relations with Kosovo is on track.
Serbia should continue to accelerate and deepen reforms on the independence
of the judiciary, the fight against corruption, media freedom, the
domestic handling of war crimes and the fight against organised
crime.
73. According to the Commission, Serbia's progress on the rule
of law and the normalisation of relations with Kosovo is essential
and will determine the overall pace of the accession negotiations.
Serbia should also improve its alignment with EU foreign and security
policy. The Commission welcomes that Serbia has fulfilled the benchmarks
to open new clusters, namely cluster 3 (competitiveness and inclusive
growth) and 4 (green agenda and sustainable connectivity). It supports
Serbia's ambition to open as soon as possible new accession clusters,
on the basis of continuing reform progress.
Kosovo – Potential Candidate
74. In July 2018, six years after
a visa liberalisation roadmap was issued, the Commission confirmed
that Kosovo had fulfilled all the criteria. The European Parliament
immediately followed suit and entered into interinstitutional negotiations,
which are ongoing. In the region, only Kosovo remains excluded from
visa liberalisation, as some EU member States continue to have reservations.
75. Following the already mentioned agreement on normalising relations
reached in April 2013 between Belgrade and Pristina, the European
Council decided in June 2013 to open negotiations on a Stabilisation
and Association Agreement (SAA) with Kosovo, which entered into
force on 1 April 2016. Kosovo’s future EU integration – like Serbia’s
– remains closely linked to the EU-facilitated dialogue between
Pristina and Belgrade, which should lead to a legally binding comprehensive
agreement on the normalisation of their relations. The Kosovo Government
has indicated its intention to formally apply for European Union membership
before the end of 2022.
3.4. Focus
on the rule of law
76. The rule of law is one of the
fundamental principles at the heart of the Council of Europe mandate
and is also enshrined in Article 2 of the Lisbon Treaty as one of
the common values of its member States. It is important in itself
and as an enabler of a healthy democracy and a thriving economy.
Without rule of law, democratic institutions do not function properly,
citizens’ trust in the authorities falters, reforms are stalled, economic
investments are wasted and plummet. No wonder, therefore, that this
area is central to the EU enlargement process.
77. In a recent report,
the European Court of Auditors audited
whether EU support for the rule of law in the Western Balkans during
2014-2020 had been effective, with a special emphasis on justice
and the judiciary, access to justice, anti-corruption and freedom
of expression.
78. The report found that while the EU has contributed to reforms
in areas such as improving the efficiency of the judiciary and the
development of relevant legislation, it has had little overall impact
on fundamental rule of law reforms, for instance those aimed at
strengthening the independence of the judiciary.
79. According to the European Court of Auditors, the reasons for
this include:
- insufficient
domestic political will to drive the necessary reforms;
- insufficient ownership of the reforms;
- limited administrative capacity/institutional resistance
to change.
80. The report also underlines the need for greater consultation
and engagement of civil society in any reform process.
81. In its reply to the report,
the European Commission accepted
the recommendation that the mechanism for promoting rule of law
reforms in the enlargement process should be strengthened, recalling
that the revised enlargement methodology introduced in 2020 should
help remedy these problems by putting an even stronger focus on
fundamental reforms in the areas of the rule of law, the functioning
of democratic institutions, freedom of expression, media freedom
and pluralism as well as the functioning of public administration.
The Commission only partially accepted the recommendation concerning
remarks about civil society, stressing its substantial financial
contribution in this area.
4. The
Western Balkans and the Council of Europe
4.1. Benchmarking
82. Albania, Bosnia and Herzegovina,
Montenegro, North Macedonia and Serbia are Council of Europe member
States and parties to all key Council of Europe instruments and
agreements in the area of human rights and the rule of law. They
are subjected to the independent monitoring mechanisms established
by them, including under:
- the
Advisory Committee on the Framework Convention for the Protection
of National Minorities (FCNM),
- the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT),
- the Group of States against Corruption (GRECO),
- the Committee of Experts on the Evaluation of Anti-Money
Laundering Measures and the Financing of Terrorism (MONEYVAL),
- the European Commission for the Efficiency of Justice
(CEPEJ),
- the Group of Experts on Action against Trafficking in
Human Beings (GRETA),
- the Group of Experts on Action against Violence against
Women and Domestic Violence (GREVIO).
83. On the basis of specific arrangements, assessments of Kosovo’s
adherence to Council of Europe standards under the instruments mentioned
above have also been carried out.
84. The relevance of the Council of Europe is particularly important
in relation to the benchmarking of progress towards reform for Western
Balkan countries who aspire to EU membership. The Commission publishes,
on an annual basis, reports detailing progress for each of the country
concerned. These reports rely to a large extent on the findings
of Council of Europe monitoring mechanisms and the reporting by
other Council of Europe bodies and organs, such as the Venice Commission,
the Assembly and the Congress of Local and Regional Authorities.
4.2. Co-operation
activities: the Horizontal Facility
85. The Council of Europe and the
European Union work hand in hand in the Western Balkans in the area of
co-operation. The most important tool is the Horizontal Facility
for the Western Balkans and Turkey, a joint Council of Europe –
European Union Programme, funded by the European Union with a total
financial envelope of €41 million. The Horizontal Facility is complemented
by bilateral and regional EU/Council of Europe Joint Programmes
on specific topics.
86. The programme is entirely based on the Council of Europe’s
“triangle” of standard-setting, monitoring and technical co-operation.
Its specificity is its multi-stakeholder approach, which includes
civil society. This feature is particularly important in the light
of the remarks made by the European Court of Auditors, according to
which one of the main weaknesses of the activities carried out so
far is the lack of engagement with civil society.
87. The programme resulted from the Statement of Intent signed
on 1st April 2014 by the Secretary General of
the Council of Europe and the European Union Commissioner for Enlargement
and European Neighbourhood Policy, in which both parties agreed
to further strengthen co-operation in key areas of joint interest.
The first phase of the programme included various beneficiary-specific
and regional initiatives and ran from 2016 to 2019. The second phase
of the programme is currently coming to an end while the third phase
– which is at an advanced stage of preparation, should start in
January and run for four years.
88. The second phase of the Programme
broadens the thematic areas which
now include:
- strengthening
the efficiency, independence and accountability of justice;
- the fight against corruption and organised and economic
crime;
- anti-discrimination and the protection of the rights of
vulnerable groups;
- freedom of expression and the media.
89. This joint programme makes a particularly strong contribution
to EU accession negotiations under chapter 23 (judiciary and fundamental
rights) and chapter 24 (justice, freedom, and security). The technical
co-operation offered to the beneficiary countries is, at the same
time, advancing the implementation of Council of Europe standards
as well as the attainment of the European Union’s objectives. It
is improving the lives of millions of people in the Western Balkans
region, ensuring that human rights, democracy the rule of law are firmly
rooted in rapidly evolving societies.
90. In addition, the programme includes an Expertise Co-ordination
Mechanism, which provides legislative expertise and policy advice
and is an important tool available to all beneficiaries.
The Expertise Co-ordination Mechanism
can be seized by national authorities, including speakers of parliament,
in order to obtain an opinion by the Venice Commission or other
Council of Europe bodies. The legal expertise provided by the Council
of Europe as part of the Horizontal Facility reaches an extraordinary
number – over 200 a year.
91. As was recently confirmed by Albania’s Deputy Minister for
Europe and Foreign Affairs, Ms Megi Fino “Through the co-operation
between our countries in the region as beneficiaries of the Horizontal
Facility programme, as well as through the co-operation of the region
with the Council of Europe and the European Union, we are better
prepared to translate the assistance provided by international donors
into the accomplishment of our shared dream of a region part of
the European Union. The Horizontal Facility programme for the Western
Balkans and Turkey is precisely the embodiment of this co-operation
that aims to facilitate the path of our region towards European
integration.”
4.3. The
Council of Europe Development Bank
92. The Council of Europe Development
Bank (CEB) is a multilateral development bank with an exclusively social
mandate. Through the provision of financing and technical expertise
for projects with a high social impact in its member States, it
promotes social integration and strengthen solidarity in Europe.
All six Western Balkan countries are target countries, and received
increased support from the Bank.
93. The CEB is a founding member of the Western Balkans Investment
Framework (WBIF), a common financing platform which supports economic,
social and environmental infrastructure investments in the region.
Through this instrument, the CEB
focuses on human capital development and social infrastructure, such
as in the sectors of education, housing and health. Improving the
region’s social infrastructure can boost the human capital and societal
foundations necessary to achieve long-term economic growth, resilience
and competitiveness. Moreover, this may limit the brain drain and
improve gender equality, allowing a greater proportion of women
to work and achieve financial independence.
4.4. Political
work
94. Outside the areas of co-operation
and financial support, from a political point of view, the Council
of Europe does not have an institutional, strategic regional approach
to the Western Balkans: for instance, there has never been a specific
Rapporteur Group of the Ministers’ Deputies for this region; similarly,
there has never been a regional Action Plan on the Western Balkans.
95. The Assembly is the only Council of Europe body which has
looked at the region and its challenges as a whole, even if not
on a regular basis, amongst others through the following texts:
96. In the area of inter-parliamentary co-operation, since 2017
the Assembly has organised three country-specific parliamentary
seminars and only on two occasions has it brought together parliamentarians
from more than one country of the region.
97. In my opinion, the need to boost the capacity of the Western
Balkans to make fast and significant progress towards meeting the
criteria for EU accession requires a change of paradigm in the way
in which the Council of Europe works on the region.
98. Firstly, the Council of Europe should not shy away from further
strengthening the regional perspective in its work, because the
challenges for the region and the stakes for Europe’s democratic
security go well beyond a country-by-country approach. The Assembly,
for instance, should be able to constantly follow developments from
a regional perspective, including common challenges, geopolitical
threats, the solution of bilateral disputes, promoting regional
dialogue and supporting relations with the European Union. More
regular reports taking stock of developments in relation to EU enlargement
would be welcome.
99. Secondly, the Council of Europe should strengthen the strategic
partnership with the European Union in relation to the Western Balkans,
as already recommended by the Assembly in its recent texts on strengthening the
strategic partnership between the two organisations,
and as mentioned in the Council Conclusions
on EU priorities for co-operation with the Council of Europe 2020-2022.
Work in the area of
the rule of law and good governance – including efficiency, independence
and accountability of the judiciary; anti-corruption; public administration
reform – should be prioritised. This is because the rule of law
and good governance are not only important chapters in the enlargement
procedure but they also enhance the institutional capacity to carry
out any reforms effectively. Furthermore, the Assembly should seek
to establish common initiatives with the European Parliament, with
which the convergence of interests in relation to the region has
become particularly strong following the large-scale war of aggression
launched by the Russian Federation against Ukraine.
100. Thirdly, the Council of Europe should step up the political
dimension of its engagement in the Western Balkans. To do so, it
could take the lead in promoting regional or bilateral dialogue;
supporting the implementation of agreements which are achieved thanks
to the EU’s mediation or facilitation efforts; encouraging regional
civil society initiatives, especially those relating to reconciliation.
On its side, the Assembly should be more proactive and innovative
in proposing interparliamentary initiatives addressed to the region.
It could play a greater role in enhancing the political ownership
of reforms, strengthening parliamentary capacity and civil society
engagement in political decision-making.
5. Conclusions
101. The future of the Western Balkans,
a region with a population of only 17,6 million people, is in the European
Union. This is the wish of the countries of the region, and it is
the same path which has been followed by many other European States
who joined the OSCE and the Council of Europe following the fall
of the Berlin wall. The success of the enlargement process is in
the interest of the Western Balkan countries and Europe alike. The
risks of its failure are much greater than the difficulties to be
overcome.
102. In 2003, in Thessaloniki, at the Summit between the Western
Balkans and the European Union, a historic document was agreed,
in which the European Union reiterated its unequivocal support for
the European perspective of the Western Balkans.
103. The prospect of membership in a common family of European
values provided enthusiasm and the impetus for change in the region.
The EU perspective acted as a catalyst for addressing challenges
and important progress was made. The Prespa Agreement between Greece
and North Macedonia is an example. It was a complex process for
both sides, yet the prospect of co-operation within an enlarged
European family gave both countries the political leverage to make
this difficult leap.
104. Since Thessaloniki, the commitment to enlargement has been
confirmed many times at the highest level, both by the European
Union and the political leaders of the region. The length of time
elapsed since Thessaloniki, however, has affected political momentum
and public enthusiasm. Surveys show that an increasing number of
people, especially amongst the youth, think that the EU perspective
will never materialise. The European vision is losing its shine.
In its place, nationalism has resurfaced.
105. A trend not exclusive to the Balkans, nationalistic and xenophobic
sentiment is found in many corners of Europe, if not the world,
possibly due to similar reasons: the failure of global co-operation
to effectively deal with issues of inequality and social protection,
population movements, health and environmental crises.
106. In the Western Balkans, however, there is an important difference.
The wounds of bloody conflicts are fresh and can easily be revived
if extreme nationalistic rhetoric prevails in the public sphere.
Furthermore, the history of the Balkans has often been one of proxy
wars fuelling ethnic division, dependency on protector powers and
weak institutions feeding clientelism and corruption. While European
prospects seemed to wane, we increasingly notice a new geo-politicisation
of the region with third parties vying for influence and deepening existing
fractures. This trend may become stronger as the Western Balkans,
in particular following the consequences of the war in Ukraine,
risk becoming a space of geopolitical antagonisms that could import instability
in the European Union.
107. It is time for the EU to accelerate the enlargement process
by relaunching the negotiations with Serbia and Montenegro, establishing
them with Albania and North Macedonia, granting candidate status
to Bosnia and Herzegovina, and liberalising entry visas for Kosovo.
Focus on this region cannot be set aside, even if the need to support
European aspirations of other countries, such as Ukraine, Georgia
and the Republic of Moldova, has emerged in the meantime.
108. The Council of Europe can play an important role in this process,
as the revised enlargement methodology puts an emphasis on the areas
in which it has a clear expertise and consolidated tools: democracy,
rule of law and human rights. To this end it should redouble its
efforts to help its member States wishing to join the European Union
and Kosovo to make tangible and measurable progress towards meeting the
necessary criteria.
109. The Assembly can make a major contribution by rekindling the
hope for a European perspective for the Western Balkans and pressing
for reform and good neighbourly relations in the region, including
by offering an additional platform for parliamentary dialogue.