27 November 2014

A crisis of trust

The ESI Roadmap Proposal for Enlargement

Belgrade presentation, November 2014

The ESI future of enlargement project is supported by ERSTE Stiftung in Vienna

 

Every year the European Commission publishes its Enlargement Strategy. The 2014 Enlargement Strategy, presented in  October, starts out on a very optimistic note with the following sentence:

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This assertion raises questions, though. How does the Commission measure the credibility of enlargement policy? For whom is enlargement policy more credible today than five years ago?

Here is a reality check. Eurobarometer surveys in 2008 and 2013 show growing opposition to enlargement in every single EU member state: old and new, rich and poor, those hit hard by the global economic crisis in 2008 and those relatively unscathed.

Enlargement has never been less popular in the EU than now. The 2013 Eurobarometer survey shows that an absolute majority of EU citizens oppose further enlargement (52 per cent). Opposition is stronger among euro area respondents (60 per cent). This table shows the significant lack of support for enlargement:

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What is even more striking is the overarching TREND in the past five years: a dramatic drop in support across the EU. .

The fall in support for enlargement is sharpest in traditionally pro-enlargement countries such as Italy (where opposition to enlargement increased by 22 percentage points) or Spain (21). Post-2004 EU members, who initially were less sceptical, are rapidly catching up with pre-2004 members. The changes in Cyprus, the Czech Republic and Slovakia are dramatic.

Here opposition to enlargement has increased most since 2008:

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What about the second claim in the opening sentence: that the European Commission has enhanced the TRANSFORMATIVE power of enlargement policy?

Here is a second reality check. Every year the European Commission assesses progress and the state of alignment with EU rules and norms (the acquis) in its annual Progress Reports. It examines for all accession countries whether the alignment in each policy area is “advanced”, “moderate” or at an “early stage.”

Here is what the Commission found in 2013:

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 And here is what the European Commission found for 2014:

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Comparing these two tables, based on the European Commissions’ own assessment of progress, on the TRANSFORMATIVE impact of the enlargement process, we see the following:

First: there is very little change anywhere.

Second: in the case of Macedonia the Commission finds regression (from 9 to 8 “advanced” chapters).

Third: in the case of Serbia – which also opened accession talks in January  – the Commission finds no change at all!

Either the EU process is not actually transformative or the current way in which the European Commission measures transformation in its progress reports is inadequate. Or both. Regardless, the most important documents written by the European Commission to show transformative impact of the enlargement process do not support the sunny view of the Strategy paper.

There is a second striking sentence in the 2014 Enlargement Strategy:

Belgrade - ESI Roadmap Proposal - Nov 2014 - Gerald Knaus_Seite_02This is a standard claim, made by EU member states and by the European Commission. On 7 June 2014 the German chancellor, Angela Merkel, made a video podcast on Western Balkan enlargement in which she asserted: “There are very clear criteria for the steps needed to move closer to the EU. In the end it is up to each country whether they pass through this process rapidly or not.” The message: “the process is fair. It depends on merit. It depends on you.”

Is this claim convincing?

Look again at the 2014 assessment by the Commission. Macedonia, which became an EU candidate in 2005, is ahead of all other Balkan countries when it comes to its alignment with the acquis according to the European Commission. And yet it is behind Montenegro, Serbia and Albania when it comes to accession. Clearly this is NOT about merit.

Is Macedonia an exceptional case? Hardly. As bilateral vetoes have proliferated, the political nature of every single step in this process has become ever more obvious.

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In fact, the problem of merit and fairness goes very deep.  Today the accession process is like a stairways with more than 70 steps: to obtain candidate statue, to open accession talks, to open (34 or 35) chapters, to close chapters; then ratification and finally accession. (Note: one could count many more small steps, including the adoption of screening reports, etc …)

For each step up thes estairways there are 28 gatekeepers, EU member states, which have to agree to EACH step taken. And these 28 decide on the basis of political criteria, not merit. Whether Turkey opens Chapter 23, or when and whether Albania, Serbia or Montenegro are allowed to open a chapter, or Macedonia starts accession talks, are all political decisions.

This image captures accession today: a stairways that may well appear to be a stairway to nowhere, given the many veto points and the huge potential for obstruction.

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There is one more striking fact about this stairways that renders the current debate on accession puzzling.

Half of these stairs are linked to the “opening of chapters”.  In fact, much of the political debate on enlargement today is focused on chapters: how many get opened, and when.  But few people – including experts or journalists – ever ask themselves: what is the POINT of “opening a chapter”? What does it mean? What does it do?

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 Take the case of Turkey, the most advanced country in its talks, having started in 2005, as an illustration. In 2014 Turkey had 14 open and 18 closed chapters (we leave two chapters, where the Commission provides no assessment of alignment, out of this table here – chapters 23 and 34).

As the following table – based on the Commission’s own assessments in its progress report – shows, there is no causal or other link between the alignment (state of progress) in a sector and whether a chapter is open or closed. This means: whether a country has many or few open chapters is no indicator of where it is in terms of its preparedness for EU accession.

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What is no less surprising: opening chapters is not only not a yardstick of progress; it is also not an incentive to make more progress in the future. This is what the European Commission found in Turkey in 2013: there was MORE progress in closed than in open chapters in Turkey during the year.

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This raises a basic question: why is it so important to open chapters? Having many open chapters does not indicate progress towards meeeting EU standards. Having many open chapters also does not make future progress more likely.

A recent study of EU-Turkey relations made the following  strong recommendation:

“In the light of the above it is stated that opening the chapters Energy (15), Judiciary and Fundamental Rights (23), Justice, Freedoms and Security (24) and Foreign, Security and Defense Policies (31) would facilitate Turkey’s drawing a robust road map under the EU umbrella at a time when the country faces three successive elections.”

This is the conventional wisdom, repeated in conference after conference, article after article. However, it is not explained HOW opening a chapter is crucial for either the EU or for Turkey; why a Turkish citizen, or a sceptical EU member state parliamentarian, should consider this significant.

In summer 2013 there was a heated debate in Turkey and in the EU whether to open a new chapter after many year in which none were opened: Chapter 22 (regional policy). There were many statements by politicians about how important this would be. Egemen Bagis, Turkey’s chief negotiator, explained in April 2013:

“Since no new chapter has been opened, I have kindly asked our prime minister to slow down everything until a new chapter is opened. I thank him for having done that. Now the process for the opening of the regional policies chapter has begun.”

Foreign minister Ahmet Davutoglu stated:

“No postponement or review of the decision to open it is possible. As we said before during the reform follow-up group meeting, we want not only the chapter 22 to open but also the chapters 23 and 24.”

The German government, on the other hand, insisted on delaying the opening until after summer 2013. In the end chapter 22 was formally opened in the autumn.  Leaders – and international media – spoke about this as if something significant had happened (Die Welt:  “Accession talks gain new momentum”)

In fact, following a meeting – the so-called Intergovernmental Conference – when it was declared that Chapter 22 was now “open”, nothing else happened. There was no additional meeting. There was no additional funding. There was no additional impetus for reform. The “opening” was political theater, for one day. It had no link to merit, criteria, or progress. Ultimately it made no difference.

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We can now  easily understand how all these dynamics create a deeply frustrating and dysfunctional process.

In the face of growing public opposition, many EU leaders have given up defending enlargement policy. Seen from Brussels, Berlin, Paris or The Hague, the current group of candidates are problematic. They are poorer, have weaker institutions and are more politically polarised than any previous group of applicants. This has created a vicious cycle. As enlargement loses popularity in EU member states, EU leaders try to reassure their voters that the process is stricter than ever. Yet as the hurdles to be jumped appear more and more arbitrary, candidate countries find it harder to take difficult decisions in pursuit of a goal that is increasingly distant and uncertain. The stairways approach makes vetoes extremely easy. And the public debate is focused on whether chapters are open or closed, not on whether reforms are taking place.

This is not enlargement “fatigue”, suggesting a temporary state of exhaustion. It is a chronic ailment, which is getting worse.

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And at the heart of this frustration are the annual Progress Reports. As ESI found, discussing these in many European capitals during the past year, few people, even EU foreign ministry officials, read these carefully. The reports are not doing a convincing job measuring progress. They do not allow for comparisons between countries in any operationally meaningful detail. They do not educate the public about what needs to happen. Above all they do not make real transformation – if it happens – visible also to sceptics. It is as if everyone – reformers in candidate countries, publics, policy makers in the EU – is proceeding through thick fog.

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Such a proces increases frustrations. We have called this the Godot effect. It is today most pronounced in Macedonia and Turkey. However, unless the process change we may anticipate that something similar could soon happen in Montenegro, Serbia and Albania, as cynicism increases. In Bosnia and Kosovo, there is today frustration, cynicism and apathy before any EU accession process has even begun. Bosnia has not yet applied for accession. Kosovo is not even able to apply.

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 So what is to be done? In order to answer this question let us imagine a very different approach to defining and assessing progress; one that is strict, fair and transparent. A process as follows:

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To imagine such a process is not to daydream. For this is how the Commission has acted for years in the context of visa liberalisation.

In this crucial area ALL countries in the Balkans were given precise visa roadmaps with dozens of benchmarks. These roadmaps set out clearly what the Commission expected. They listed all individual criteria. There were no short cuts. And these roadmps, based on the acquis, were essentially the same for all countries, and thus progress easily compared.

The Commission then organised a serious monitoring and assessment effort. This involved experts from the Commission and from member states.  Based on their findings detailed progress assessments were issued.

The whole process was developed by the Directorate General for Home Affairs together with the Directorate General for Enlargement. And it worked. It inspired many reforms. It made it possible to see where real reforms happened … and when they did not. Above all it convinced even sceptical EU interior ministers that when the Commission did find progress they could trust it.

 

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In fact, in October 2014, while DG enlargement published its regular progress reports, another part of the Commission also published a detailed document on progress made in the field of visa liberalisation by Turkey. It offers a clear, readable, strict and fair description of where Turkey stands. Each benchmark is assessed, using the following categories:

 

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The result of such a strict, fair, and meritocratic process in the case of the Western Balkans was to inspire civil servants. It was also clear to them what needed to be done. All countries were assessed based on the same criteria. It was possible to make transformations visible; even in special grade reports, that ESI issued at the time, based on the Commission experts’ assessments:

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We can compare the thoroughness of this process with the current assessment of progress in key chapters in the Progress Reports.  Let us take just one subject, Chapter 18 (Statistics).

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Look at the current assessment of progress in the field of statistics in Turkey, which has been in this process the longest. In 2014 the European Commission published just four short paragraphs, about half a page, on this chapter in the Turkey progress report.  A reader does not understand from this how far Turkey has come, what remains to be done to reach EU standards, or in what specific areas most efforts are still needed. Nor can one see how Turkey compares to other candidates.

This is surprising for many reasons:

1. The recent experience with Greece. Following the discovery of just how unreliable key statistics provided by the National Statistical Service of Greece (NSSG) had been before 2010, a new statistical agency, ELSTAT, was created. This was a priority for reform for the EU!

One might expect the EU to be just as keen to see all Balkan countries reach EU standards for all their key statistics, as soon as possible, and well before actually joining the EU, in order to be able to develop a credible track record.

2. The importance given to “economic governance” in the accession process. Without reliable economic statistics, from GDP per capita to employment, from the FDI stock to exports, discussions of economic governance in progress reports are of little use; and any evidence-based policy making on the part of governments is very hard.

3. One objective of the annual progress reports is to assess whether a country is a “functioning market economy” or FU-MAR-E. How can this be done without comparable and solid numbers and statistics?

The sooner all accession countries reach EU standards in the field of statistics the better. Now imagine a scenario where the European Commission draws up a roadmap for Chapter 18, gives it to every country, and thus spells out what all the key benchmarks for a future EU member are … and then assesses the state of affairs against these benchmarks every year with the help of experts, in order to produce a document on statistics that is similar to the recent October report the Commission produced for the Council and the European Parliament on visa liberalisation.

 

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The current EU accession process has not halted the erosion of trust in the policy since 2008. It has not led to measurable transformative impact in key policy areas. The visa roadmap process, on the other hand, has inspired and encouraged change. It has also – crucially – made this change visible and credible to sceptical outsiders.

 

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Given these experiences ESI proposes to the European Commission to put the idea of chapter roadmaps to the test as soon as possible.

We propose that DG enlargement develops four pilot roadmaps, and then assess progress in these four fields similar to the way the Commission has done with visa roadmaps; for all accession countries,  already in the 2015 Progress Reports: Statistics (fundamental for economic governance), Procurement (central to progress in the rule of law and the fight against corruption), food safety (key to attract FDI in a vital sector) and Financial Control.

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Giving such chapter roadmaps to all seven countries, and assessing them by reference to these benchmarks in 2015, would mark a small but very important improvement in the current process of writing progress reports.

One additional effect would be similar to the regional competition we have seen in the field of visa liberalisation. Or to the debates on public policy triggered by the Paris-based OECD with its regular publication of results of its PISA tests in the field of education.

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ESI has recently presented these ideas in many capitals. Here are five of the most frequently asked questions concerning this  CHAPTER ROADMAP PROPOSAL

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The first question often posed concerns incentives. In the case of visa roadmaps, we hear, there was a clear “reward” at the end of the road: visa liberalisation. This was popular with the broader public. Would elites and civil servants in accession countries be equally motivated to carry out reforms in fields such as Statistics or Procurement, without a similar tangible reward?

We believe that this question puts the issue of incentives upside down.

When elected governments say that they want their countries to join the EU as a matter of national interest – and embark on a many-years-long process that requires work, focus, human resources, and that remains uncertain until the very end – they state that they have an intrinsic motivation to carry out reforms. The notion that the EU should “bribe” governments to incentivise them to carry out reforms on this path is wrong. Governments that need to be bribed in such a blunt manner should never apply, and simply risk being exposed as uninterested in the EU accession process. Then it depends on publics and voters who they will react.

The EU acccession process is more similar to a young football player being offered a place at La Masia, the famous football school of FC Barcelona; or to a budding entrepreneur admitted to Harvard Business School.

People do not get paid to submit themselves to rigorous training at these institutions of excellence. Instead they have to work hard. If they do not have intrinsic motivation this will become apparent very quickly, but in a fair manner.

However, no one would think that a young footballer might just as well practice all by himself in the street, rather than benefit from the training system of La Masia; or that a great business school has nothing to offer to those who come prepared to work hard. What such centers offer is excellent coaching by experts, precise feedback, a system of instruction that will make those who take part better at what they say they want to do in the future.

Of course there are also more specific rewards: prestige and certificates to validate progress. In the case of chapter roadmaps more FDI – if investors believe that institutions and rules are becoming more predictable.  One can even imagine more donor aid for those who perform best. But the real reward is for leaders – and civil servants, who do most of the extra work and are not paid more for it – to feel that what they do is taking their countries forward; that is makes sense for their country and for them professionally. For this incentives must be intrinsic.

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Can such chapter roadmaps be done for every chapter? No. We believe that they cannot be done for some chapters where there is no clear acquis (Chapter 23 or Chapter 30).

But this does not mean it cannot or should not be done for most chapters.

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Does such a roadmap-approach encourage superficial reforms? Not if the roadmap – like visa roadmaps – is done well, and measures not just laws but institutions and performance. Then it becomes a very good tool also to assess progress over time and track records.

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Is this a dramatic change in enlargement policy?

No. Member state do not lose their veto. They still have to agree – unanimously – to give candidate status, to open accession talks, to open chapters, to close chapters. However in the meantime the Commission helps these students get better … and provides member states with more information and feedback to assess how accession countries do.

Such an approach allows the European Commission to do better what it is already doing and already has a mandate for:  assess annual progress according to the Copenhagen criteria in all countries in a strict and fair manner, provide feedback, and encourage reform.

Such a change puts the substance of actual reform back at the heart of the accession process. This is  win-win situation for everyone.

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Not everything will be in such roadmaps. Some reforms only make sense just before accession. The aquis changes, so it also makes sense to adapt roadmaps every two years. It is always possible for member states to insist on additional reforms as preconditions for them allowing a chapter to be closed (or even opened, though this can both happen at the same time later; Croatia actually opened and closed a number of chapters all in the final year of its talks).

These chapter roadmaps would likely capture 95 percent of reforms needed in key areas.  This would be a flexible tool (fishery benchmarks might be of different importance in landlocked Macedonia than in Turkey), but in the end the idea is that the acquis is the same for all future members, as they are all heading for the same horizon.

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The past five years have seen a steady erosion of trust in enlargement across the EU and in many accession countries.

Turkey has been negotiating since 2005 and has not yet opened even half its chapters.

Macedonia is a candidate since 2005 and has not yet been given a date even to open talks.

Albania became a candidate this year, but has been warned already that it could be years away from opening accession talks.

Bosnia and Herzegovina concluded its negotiations on the Stabilisation and Association Agreement in 2008 without seeing the agreement enter into force.

To an increasing number of people in accession countries the current process appears to be a stairway to nowhere. And yet, reforms in all these countries are in the interests of their citizens. They are also in the interests of the EU. As the new Commission reassesses how it can best promote reforms, we believe it should seriously look at what has worked in recent years.

We believe that improving the work that goes into the progress reports does not constitute a change in enlargement policy, and that therefore the European Commission can act on its own to improve what it is already doing. However, such a change does alter the way the Commission works. It is a real challenge, and it makes sense to implement it gradually, testing it along the way. It remains to be seen whether the new European Commission is able to carry out such reforms.

For the sake of all Europeans, we can only hope it is.

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Earlier presentation:

See also:

Filed under: Albania,Balkans,Bosnia,Enlargement,Europe,Macedonia,Turkey,Visa — Gerald @ 7:19 pm
12 October 2014

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Yannis Boutaris, Mayor of Thessaloniki

Sometimes you meet a person that is a force of nature. A person of convictions, with the modesty that comes from true charisma and the confidence that comes from not having to pretend. A person inspiring others by personal example, making words like engagement, citizenship and dignity shine in all their splendour. Somebody who makes you feel proud to belong to their generation. And who makes you wonder whether you are really doing enough yourself.

In recent weeks I felt this sense of awe working on old and new European dissidents. Meeting Khadija Ismayil and other human rights defenders from Azerbaijan, has this effect. So does rereading the writings of Havel, of the Russian Memorial generation of human rights defenders, of Adam Michnik and other Poles of his generation.

And so does meeting the mayor of Thessaloniki, Yannis Boutaris, to talk about what is possible in local politics at a moment of deep crisis. In a city shaped by decades of deep conservatism and fear of neighbours, from the Cold War to the Balkan wars of the 1990s and later. 72 years old, chain-smoking, with an ear-ring and tatoos, for decades a succesful entrepeneur, a recovered alcoholic, a long time civic and environmental activists, and now twice elected mayor of Greece’s second city.

I have come here this Sunday at the invitation of the Navarino network, a local civic organisation which has worked for a long time to open Thessaloniki to the world. I am to speak about the state of the Balkans in 2014, about false confidence and complacency.

I tell the tragic story of Soviet dissidents like Sergei Kovalev, who went to jail under Brezhnev, then became government human rights officials, and in 2014 face renewed pressure from their state. It is a tragic story with no happy end, with Russia like that fabled creature from Greek mythology, the Ouroboros: a snake that devours itself. Often history is like this. Too often.

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Ouroboros – societies sometimes resemble this ancient creature,
devouring themselves

 I also speak about what Greece – and Thessaloniki – might do to prevent future vicious circles in the Balkans. In the end  I present the ESI proposal for how to address the name dispute with Macedonia.  (see in the annex of this report:  Vladimir and Estragon in Skopje. A fictional conversation on trust and standards and a plea on how to break a vicious circle) The only – encouraging – reaction I get from a big auditorium full of Thessaloniki dignitaries and young people is one comment: “Greece is ready to do this, do you think Skopje is ready?”

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Then I meet with Boutaris for an interview. This was already a rich and memorable Sunday. It only got better.

Boutaris explains the value of civic engagement, voluntarism and how he strives to make his city embrace a multiethnic past. He explains how even conservatives silently tell him that they approve of his open support for gay pride … though lack the courage to say so openly. He explains why opening to Turkey, Israel and Jews across the world is vital for his city, given its history. And why having a Holocaust museum (at a cost of an estimated 25 million Euro, the design has already been done) will be so important.

How he is happy to have a Durres Park in the city now, and hopes to build many more links with other Balkan cities. How reaching out to Izmir is vital – proposing to have “days of Izmir” in Thessaloniki, and “days of Thessaloniki” there. Why having a Muslim cemetary is the most obvious thing in a city like Thessaloniki. How “Turks are our bothers and Europeans are our partners.” And how, as a Vlach, he recognises the common regional heritage when he visits the village of his ancestors in today’s Republic of Macedonia near Krusevo.

He explains how it is possible to cut the public administration (from 5,000, when he came into office in 2011 to 3,500 today) and reduce the deficit, while moving towards green urbanism and a different traffic policy. How he is encouraged that the number of bicycle shops has gone from 2 to more than 20 in a few years. And how much remains to be done.  How he has worked to encourage budget flight connections and direct links by ferries to his city, with increasing success. How this has resulted in sharply rising numbers of foreign visitors.

How his political goal is to make people proud of this, their liberal and open city. With the new slogan “I love my city and adopt my neighbourhood.” How he hopes city employees will be able to walk in the streets and citizens will respect them for their honesty and competence.

Remember: this is Greece, the EU country in its deepest economic and social crisis in decades. This is the country where the self-proclaimed fascists of Golden Dawn won 16 percent in recent local elections in Athens. With a prime minister who made his name by fostering nationalism in the early 1990s. A country all too often described in the foreign press as a hopeless case, a patient at best, an ungrateful recipient of aid at worst.

But this is also now the Greece of Boutaris and the cosmopolitanism of the new Thessaloniki.

When he became mayor, he tells me, Thessaloniki had a number of big taboos, including Turkey and the Jewish history of the town (where Jews were the largest ethnic group until 1912 and the port was closed on the Sabbath). Not long ago the City Council declared Mark Mazower, author of the great book Salonica, symbolically a persona non grata – for having described the multiethnic past of the city. This was the time when the local bishop called on people not to vote for Boutaris.

Now Boutaris looks forward to the day when citizens of Thessaloniki will be proud of the history of their city, as described in Mazower’s book. The book ends with the observation, true for all of Europe:

“As small states integrate themselves in a wider world, and even the largest learn how much they need their neighbours’ help to tackle the problems that face them all, the stringently patrolled and narrow-minded conception of history which they once nurtured and which gave them a kind of justification starts to look less plausible and less necessary. Other futures may require other pasts.

The history of the nationalists is all about false continuities and convenient silences, the fictions necessary to tell the story of the rendez-vous of a chosen people with the land marked out for them by destiny. It is an odd and implausible version of the past …”

As Boutaris tells it, being open to the past and to others is simple good sense: “if you accept differences, life is better”. This explains his support for gay pride in this orthodox city, and how he sees attidues changing. He talks about this priorities for the second term: moving towards a green city, a city in which “rich people are proud to take public transport” instead of poor people required to have a car.

When we made the 2008 ESI film on Thessaloniki Boutaris was still in opposition. Now he has been twice elected. The first time by the narrrowest of margins (some 300 votes). The second time with a clear and strong majority and 58 percent. In some elections ever single vote matters. Civic engagement matters. Having convictions matters. And fighting for them for decades can bring results.

If Bosnia had just one mayor like this in one of its big cities, ideally young and full of eneregy, so that he or she could then go on to show what is possible: the country might be a different place If only Greece or Turkey had more independents, former entrepreneurs and social activists, entering politics like this.

Thessaloniki, thank you for the inspiration. It is great to be back.

 

PS: Some further reading:

Thessaloniki’s exemplary revival:

“The mayor’s greatest legacy, however, may be the city’s much-improved performance in tourism. However, his unconventional approach has made him some enemies among traditionalists. Between end-2010 and end-2013, Thessaloniki achieved 19% growth in tourist arrivals according to data from the Association of Greek Tourism Enterprises (SETE), compared with a decline of 13% for Athens over the same period.

To a great extent, this has been achieved through approaching a “traditional enemy” such as Turkey as a potential tourism market, leading to allegations that the mayor was “serving foreign interests”. Mr Boutaris is unapologetic about his bid to present Thessaloniki as a Balkan “melting pot”, stressing the city’s multi-ethnic history, a place where Greeks, Turks, Jews and Slavs lived together until the upheavals of the early 20th century, when the Turks left, the Greeks from Asia Minor arrived and the Jewish population was decimated in the Holocaust. The attraction of Thessaloniki to Turkish visitors stems from the fact that it is the birthplace of Kemal Ataturk, the founding father of the modern Turkish state. In addition, the Boutaris administration has made much of the fact that for centuries Thessaloniki had a large and vibrant Sephardic Jewish community. In broadening the city’s tourism profile, a previously rather claustrophobic city is starting to become a more open one, embracing its multicultural past.

The rebranding of Thessaloniki based on this new perception of its past has managed to increase the influx of visitors from Turkey and from Israel. Overnight stays at the city’s hotels increased during the past four years by 226% for Turks and 358% for Israelis, reaching 80,000 and 50,000, respectively, by the end of 2013. Coinciding with a period of deepening national economic crisis, the tourism revival has been welcome. The shift in public opinion in the city has been radical, and previous detractors now firmly support a similar rapprochement with all neighbouring countries … “

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Meeting the Mayor

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Presenting on the Balkans in 2014

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18 June 2014

 

Sometimes a simple idea has the potential to have a lot of impact. Here is one simple idea for the day, split into three concrete recommendations:

a. the European Commission – and in particular DG enlargement – ask all Western Balkan countries to take the regular PISA tests of the OECD, as one important way to assess whether in the future their economies will be able to “withstand competitive pressure” – which is one of the 1993 Copenhagen criteria.

b. the European Commission includes the scores of PISA as one of its main indicators in the annual progress report section on economic criteria – and includes a table comparing the performance of countries in the region with the rest of the EU.

c. civil society organisations in Balkan countries use this as a trigger to launch a broader debate in their countries on the quality and importance of education in national debates. Both of which are currently – to put it mildly – sub-optimal for countries trying to converge with a much more prosperous European Union.

This morning I met senior people in DG Enlargement in Brussels and made this proposal. I also made it in many recent presentations with EU ambassadors and EU officials in Paris, Skopje, Zagreb, The Hague, Berlin, Rome, Ankara and Istanbul. And as a result of some feedback I am increasingly hopeful on the first and second recommendation above. (This in turn will help with recommendation three.)

For more on all this see our forthcoming report on how to assess in future progress reports whether a candidate has a “functioning market economy”. For those impatient now, here are a few core facts:

Background: candidates, potential candidates and PISA

It seems obvious: one of the most important factors contributing to future development of an economy is the quality of the national education system.  And one of the most straightforward ways to launch a debate on this is to look at the OECD’s PISA tests, taken since 2000, every three years in some 65 countries.

Take a look at some recent findings:

PISA results – mathematics 2012

Taiwan (top country)[1]

560
Netherlands (top EU15 country) 523
Estonia (top EU13 country) 521
Croatia 471
Serbia 449
Turkey 448
Bulgaria (lowest EU country) 439
Montenegro 410
Albania 394
Bosnia and Herzegovina -
Kosovo -
Macedonia -

PISA results – reading 2012

Japan (top country)[2] 538
Finland (top EU15 country) 524
Poland (top EU13 country) 518
Croatia 485
Turkey 475
Serbia 446
Bulgaria (lowest EU country) 436
Montenegro 422
Albania 394
Bosnia and Herzegovina -
Kosovo -
Macedonia -

PISA results – science 2012

Japan (top country)[3] 547
Finland (top EU15 country) 545
Estonia (top EU13 country) 541
Croatia 491
Turkey 463
Serbia 445
Cyprus (lowest EU country) 438
Montenegro 410
Albania 397
Bosnia and Herzegovina -
Kosovo -
Macedonia -

 

These tables raise many fascinating and important policy questions:

1. How can Albania and Montenegro close the serious gap (serious even compared to other countries in the region)?

2. How can all these countries learn from Estonia or Poland, some of the best performers among former communist countries?

3.  Where would Macedonia, Kosovo and Bosnia and Herzegovina stand if they took the test? (Macedonia took the test in 2000: 381 in math, 401 in science, 373 in reading – abysmal scores I discussed in a recent Rumeli Observer; it is now taking it again for the first time this year).

Of course it would also be useful to have other credible education statistics from ALL candidates and potential candidates that allow for EU-wide and Europe-wide comparisons.
Here are some good statistics which already exist for the EU and some of the candidate countries. Again, they raise interesting policy issues.

They might also – if properly highlighted – trigger more important policy debates.

 

4 YEAR OLDS IN SCHOOL

How many 4 year old are in primary or pre-primary education? In the EU

91.7 % of four year-olds were in pre-primary or primary education across the whole of the EU-27 in 2010. Participation rates of four year-olds in pre-primary or primary education were generally high — national averages of over 95 % in Belgium, Denmark, Germany, Ireland, Spain, France, Italy, Luxembourg, the Netherlands and the United Kingdom; as well as in Iceland and Norway. By contrast, Greece, Poland and Finland reported that fewer than 70 % of four year-olds were enrolled; lower rates were also recorded in the EFTA countries of Liechtenstein and Switzerland, as well as in the acceding and candidate countries of Croatia, the former Yugoslav Republic of Macedonia and Turkey.”

Only national data are available for Croatia and the former Yugoslav Republic of Macedonia (data for 2010), where rates stood at 57.4 % and 24.0 % respectively. More than half of the 25 level 2 Turkish regions reported that less than 20.0 % of four year-olds participated in pre-primary or primary education in 2011. The lowest participation rate was recorded for the southern Turkish region of Gaziantep, Adıyaman, Kilis (9.7 %), while the second lowest rate was recorded for İstanbul (10.9 %).”[4]

17 YEAR OLDS IN EDUCATION

“The number of students aged 17 in education (all levels combined) in the EU-27 in 2010 was 5.2 million, equivalent to 91.7 % of all 17-year-olds. The age of 17 is important as it often marks the age at which young people are faced with a choice between: remaining in education; following some form of training; or looking for a job. The number of 17 year-olds in education relative to the population of 17 year-olds exceeded 80 % in the vast majority of the regions within the EU in 2011, and this pattern was repeated across all of the EFTA regions … As such, for one reason or another, the vast majority of young people aged 17 remained in the education system at or even after the end of compulsory schooling.”

This indicates, for instance, a clear problem in Turkey:

“Among the acceding and candidate country regions, the proportion of 17 year-olds who remained in education was above 80.0 % in Croatia (national data) and three Turkish regions (including the capital city region of Ankara and two north-western regions of Bursa, Eskişehir, Bilecik and Tekirdağ, Edirne, Kırklareli). There were four Turkish regions where the proportion of 17 year-olds who remained in education was 50.0 % or lower — they were all in the south and east of the country, namely: Sanlıurfa, Diyarbakır; Mardin, Batman, Sırnak, Siirt; Ağri, Kars, Iğdir, Ardahan; and Van, Muş, Bitlis, Hakkari. The lowest ratio of 17 year-olds remaining in education was recorded in Van, Mus, Bitlis, Hakkari, where the share was only slightly more than one third (35.5 %) in 2011.

“An indicator that presents information about early leavers from education and training tracks the proportion of individuals aged 18–24 who have finished no more than a lower secondary education, and who are not involved in further education or training: some 13.5 % of 18–24 year-olds in the EU-27 were classified as early leavers from education and training in 2011, with a somewhat higher proportion of male early leavers (15.3 %) compared with female early leavers (11.6 %). Europe’s growth strategy, Europe 2020, has set an EU-27 target for the proportion of early leavers from education and training to be below 10 % by 2020; there are individual targets for each of the Member States that range from 5 % to 29 %.”

Tertiary education:

“Tertiary education is the level of education offered by universities, vocational universities, institutes of technology and other institutions that award academic degrees or professional certificates. In 2010 (the 2009/10 academic year), the number of students enrolled in tertiary education in the EU-27 stood at 19.8 million; this was equivalent to 62.7 % of all persons aged 20–24.

In candidate countries:

“In Turkey there was a particularly high concentration of tertiary students in Bursa, Eskişehir, Bilecik — this may be attributed to there being an open university in Eskişehir, where a high proportion of students are enrolled on distance learning courses. Otherwise, the ratio of students enrolled in tertiary education to residents aged 20–24 was below 60 % for all of the remaining regions in the candidate and accession countries.”

Tertiary attainment

“In 2011, for the EU-27 as a whole, just over one third (34.6 %) of 30–34 year-olds had completed tertiary education. These figures support the premise that a rising proportion of the EU’s population is studying to a higher level — in keeping with one of the Europe 2020 targets, namely, that by 2020 at least 40 % of persons aged 30–34 in the EU-27 should have attained a tertiary level education.”

Again Turkey is backward:

“Bati Anadolu (23.6 %) — which includes the Turkish capital city of Ankara — was the only Turkish region to report that more than one in five of its residents aged 30–34 had attained a tertiary level education. By contrast, the lowest ratios … were recorded for the north-east of Turkey (Kuzeydoğu Anadolu), where only just over 1 in 10 (10.2 %) of the population aged 30–34 had attained a tertiary level education.

 

One thing should be obvious: if PISA rankings and such tables are seriously discussed in candidate countries, everyone would benefit. And if the EU can manage to encourage a focus on such issues – through its own regular assessments – everyone would gain.

So let us hope that this simple idea will indeed be picked up.

 


[1] Shanghai, Singapore, and Hong Kong excluded as cities.

[2] Sic.

[3] Sic

[6] Croatia, 2002; Serbia, 2004.

[7] Albania, 2007.

[8] Albania, 2009.

 

13 March 2014

Lost in the Bosnian labyrinth - five months later

A few months ago ESI published two reports on EU conditionality concerning Bosnia.

These publications were  followed by many reactions.

A number of EU foreign ministers wrote to me to say that they fully agreed with the arguments. So did senior staff in the European Commission. So did senior diplomats in a number of EU member states.  There have  been a lot of Media reactions.

We argued that given other priorities facing Bosnia – social and economic reform being primary – focusing on this issue to the exclusion of almost everything else was simply not a good use of the time of the country’s leading politicians. Nor did it make sense to step into the fray in the way this had been done by the European Commission.

Since we published our reports the debate has started to move, but only very slowly.

Doubts among EU member states have grown.

The European Commission has since given up trying to mediate (we suggested this already in October, arguing that it was extremely unlikely to succeed).

We learned that lawyers working for the Council of Europe were asked to check whether our arguments were legally sound, and that they concluded – internally- that they were.

However, until today Bosnia remains stuck, held hostage by this condition.

In our first report we gave three reasons why we believed that the Commission was not treating Bosnia fairly. We believe they are still valid  5 months later:

  • This is not an issue of institutional “racism”.
    Apartheid South Africa had a racist electoral system. Bosnia does not. Neither does Belgium or South Tyrol, although in both countries legislation requires citizens to declare a community affiliation for certain purposes, similar to Bosnia. However, only in Bosnia is the ethnicity of any individual not defined in official documents. By leaving it up to any individual to determine how to self-identify – and allowing any individual to change this self-identification in the future – the Bosnian system is more liberal than either Belgium’s or South Tyrol’s. Unlike in Cyprus, it is also not tied to any objective criteria such as religion or the ethnicity of parents. In fact, in 2004 the EU endorsed community-based voting and praised the UN Annan plan for Cyprus based on the very principles that Bosnia’s constitution embraces.

 

  • Bosnia is not violating fundamental human rights.
    The issue at stake in the election of the Bosnian presidency – the most complicated issue to resolve – is not a violation of any rights enumerated by the European Convention on Human Rights itself. It is a violation of Protocol 12 of the Convention, which extends the applicability of non-discrimination from “the rights and freedoms set forth in the Convention” to “any right set forth by law”. This protocol has so far been ratified by only 8 out of 28 EU member states.

 

  • This is not an issue of Bosnia systematically violating its international obligations. Bosnia’s record implementing European Court of Human Rights’ decisions is better than that of most current EU members.

 

For all these reasons, we noted, non-implementation of the Sejdic-Finci decision cannot justify blocking Bosnia and Herzegovina’s application for EU membership. The very reforms that the EU expects from Bosnia have not been asked of other EU applicants, much less of its own member states.

(see also: Not for lack of trying. Chronology of efforts to solve the Sejdic-Finci conundrumInterview with Gerald Knaus in Dnevni Avaz, “Koncept “ostalih” vrlo je čudan” (2 October 2013) – also available in English: “The concept of “others” is very strange”Interview with Gerald Knaus in Dnevni Avaz: “It won’t be Bosnia’s fault if visas are re-imposed” (12 September 2013))

 

Houdini in Bosnia – How to unlock the EU accession process

 

Interestingly, our arguments were  also taken seriously by another think tank focusing on Bosnia, DPC, which published a whole paper to address the arguments we made.

The title of the DPC paper is a bit complicated: “Legal Misunderstandings, False normative Hopes  and the Ignorance of Political Reality – A Commentary on the recent ESI Report “Lost in the Bosnian Labyrinth”.

It is clear what is being meant: ESI got it wrong. However, if this was easy to understand, the same could not be said for the rest of the argument (found here: http://democratizationpolicy.org/uimages/DPCPolicyNoteNewseriesSejdicFinci.pdf).

So I sent an email to DPC on 20 November 2013 to take our mutual understanding of the issues one step further. Here it is:

“Hi Bodo,

I just read the DPC paper on our ESI paper on Sejdic Finci.

It is flattering to have a whole policy paper devoted to our paper, but there are some arguments in the text which are perhaps not totally convincing?

I quote a few passages and make a few remarks, wondering what you think.
1. “the paper appears to be an effort to provide an ideological framework for the EU to move beyond its continuing failures in BiH that have enabled local politicians to undo many of the highly-touted reforms put in place prior to 2006, when the EU assumed policy leadership.”
This is puzzling. The author first appears to argue that the EU has failed since 2006, and that our paper provides an “ideological framework” to “move beyond its continuing failures” .. but then he implies that this is bad? How can moving “beyond failure” be a bad thing? And what is an ideological framework here?
(Which “highly-touted” reforms have been undone? This is never explained, just stated.)
2. “ESI compares this case to voting and selection processes in other EU member states, including Belgium, Italy (South Tyrol) and Cyprus, and concludes that similar provisions (sometimes even stricter) are also applied in other EU member states. These states however, are not sanctioned by the EU. Legally speaking, this assessment is correct. However, the devil is in the details.”
If this is “legally speaking correct” – here we agree – how can “details” make it legally incorrect? Or is it “legally correct” but “politically incorrect”? How can that be?
3. “while the Belgian and the South Tyrolean examples also demonstrate some form of discrimination, it is nevertheless a form of positive discrimination. The aim of the power-sharing arrangements in both countries is to allow for minority groups to participate in decision-making. Hence, the legal framework has to be understood in the context of the intended aims of power-sharing mechanisms. In the case of Brussels, it is a mechanism to engage Flemish speakers in the officially bilingual but mainly French-speaking city, and in the case of South Tyrol it gives representation to German and Ladin speakers.”
How is this different from Bosnia where there is a Croat minority?
We note that all the current debates to find a solution to Sejdic Finci turn on how to help the Croats ensure that they can elect “their representative”. Is this so different from Belgium?
Note also that there are many other minorities, including the constituent (in Belgium) group of Germans or other EU residents in South Tyrol, who, in order to participate in some functions, have to declare that they belong to one of the categories presented to them. How is this different from Bosnia?
4. “A political system that is characterized by ethnically exclusive parties does not allow for flexibility.”
This is also puzzling, given that in Belgium all parties are either Flemish or Walloon, and in Bosnia, by contrast, Komsic was elected on the SDP ticket twice. A man from Ghana was the “Croat” ambassador in Japan for Bosnia. Sven Alkalaj, a Croatian citizen and Jew was also member of the government for a (Bosniac or Bosnian?) party. How then can Bosnia be considered less flexible than Belgium?
5. “. What ESI basically suggests is that EU’s conditionality, in particular the ocus on fundamental human rights, should not apply to BiH at this stage”
Where did we suggest this? Which “fundamental human right” should not apply?
6. “The Republika Srpska’s calls for secession have become louder, while Croats undermine the current constitutional framework with their demand for a de facto or de jure third entity. No reform that involves the current elites within the current framework will be able to cure these problems.”
How is this related to Sejdic-Finci? Here it seems that the RS is not the problem (and not even involved in the most recent rounds of talks). The solution that is likely to emerge in the end, and which would address the ECHR’s judgement, could well end up creating a Croat de facto electoral district in the Federation, no? Is this then good or bad?
And if it were true the current elites cannot solve this problem, what should happen instead? It is after all the current elites that are negotiating Sejdic-Finci implementation since 3 years. If they cannot agree and will not agree then everything just stays as it is now. Is this a solution?
7. “But this also means that the unwillingness to reform must be penalised and that Bosnian elites should be punished for non-compliance”
Who is to be punished over Sejdic Finci? Every party has made a proposal, and each proposal meets the conditions by the ECtHR  … it is just that they cannot agree among each other on the one proposal to chose. Should all be punished now?
In short, we understand that there may be disagreements on how important Sejdic Finci is, but the irony is that a deal that might satisfy the EU and the ECtHR and that is actually in sight is one that makes the election of someone like Komsic less, not more, likely. Is this progress in your view?
And if any one of the proposals on the table now IS chosen in the end … would Bosnia”s constitutional or other problems of governance be solved in any meaningful way?
Was this worth the time and effort and resources spent on it for three years now? We doubt this. But if this is not worth it … why continue the current policy, where this has become the number one issue discussed by Bosnian leaders?
Thanks again for taking our paper seriously and taking the time to discuss it in detail, best wishes ,
Gerald”

I received a very polite response within a few days, promising some answers eventually. Since then I have not heard anything. Perhaps the responses will still come.

In the meantime we can just wait until all those in the EU – and inside the European Commission – who know that the current policy is counterproductive begin to speak out in public.

 

 

 

Further reading:

 

Filed under: Balkans,Bosnia,Enlargement,Europe,Human rights — Gerald @ 6:05 pm
31 January 2014

Does EU enlargement policy change countries? Can it inspire the people who have to push through deep and complex reforms? Does it help ensure respect for fundamental rights?

What really are the minimum political standards that candidates will have to meet? What is, in the European Commission’s view, a “functioning market economy”?

What is the future of the Directorate General for Enlargement, the department of the European Commission in charge of this policy? And what is the future direction of the DG for Enlargement’s actions, given the unpopularity of the current policy in certain key member states?

 

Measuring alignment?

2013 EU assessments of countries according to the 32 chapters assessed. When it comes to the state of alignment, Turkey is ahead, despite many chapters being blocked. Macedonia is second, despite not being allowed to negotiate. Serbia is ahead of Montenegro. In October 2013 Albania was the very last. For the origins of the assessments in the 2013 reports see at the bottom of this text. The effects of producing such tables in a credible way is the subject of this text.

For the score this conversion used is:  Advanced = 3 points, Moderate = 1 point, Early = 0 points (Source: EU progress reports – see below!). Since Bosnia and Kosovo have different types of progress reports they are not included here.

 

This week in Brussels I gave a presentation on the future of EU enlargement policy. The occasion was a strategy brainstorming session of the senior team of DG for Enlargement in Brussels, made up of some 60 people. The meeting followed similar presentations to policy makers in Berlin, Stockholm, Zagreb, Skopje, Brussels, Istanbul, Paris, and Rome. While I spoke in Brussels, my colleague Kristof presented similar ideas to Croatian Foreign Minister, Vesna Pusic, in Zagreb.

I was asked to be provocative. So I started with a personal encounter from a few weeks ago.

During a late night conversation in Zagreb, a journalist from a very respected European paper in a large EU member state told me that in his view “DG Enlargement should be shut down.” The argument, (which I had heard before in large EU member states I know well) was as follows:

None of the countries in the Balkans (or Turkey) are today even close to meeting what should be the EU’s demanding standards. They have weak institutions, corrupt administrations, create few or no jobs, and have incredibly polarised political environments. Nor are they moving in the right direction at a credible speed in overcoming these problems to make real change likely in the next decade or two. The EU has already admitted too many weak countries. Against this background having a DG for Enlargement creates constant pressure to repeat an earlier mistake. “Can you really imagine Albania in the EU any time soon?” And if you cannot, what then, is the point of a DG for Enlargement?

A few years ago such a view would have been very radical. In some European member state parliaments it is now on the way to becoming the new mainstream.

Of course, there will continue to be a DG dealing with enlargement for the foreseeable future. There is a policy, there are commitments, and there is inertia. The “European perspective” still produces real results. It is an “anchor.” It is leverage, at a low cost to the EU.

However the challenge posed by skeptics calls for a credible answer to the question of whether or not the basic premise of accession policy – that it changes countries for the better, and for good – is valid. And does the European Commission offer credible assessments of progress, or is it condemned by bureaucratic self-interest to be a cheerleader for badly prepared countries? (Or, to avoid this criticism, does it end up being seen as unfair in accession states?)

We accept that there is a crisis of credibility of the process. We are also convinced that there is an opportunity to substantially improve the impact of what is being done today by the EU in accession countries without changing the basic policy. The focus must return to the concrete and visible results in accession countries –  “concrete” and “visible” for skeptics as well.

Enlargement policy needs to mobilise people or it fails. Without the mobilisation of policy makers, civil servants, civil society, and interest groups in accession countries, the kind of changes that have to happen will not happen.

It is here that we encounter a problem with the way many measure accession progress today: the language of “counting chapters opened.” Any complex process generates technical language, bureaucratic procedures, and jargon for those most involved. In the case of enlargement, however, the technical language has crowded out a focus on what makes this policy worthwhile and inspiring.

Recently I asked some of my Turkish friends what they thought the EU should do next in Turkey. Their answer: “Open Chapter 23. Then the EU can seriously discuss fundamental rights with Turkey.” This is how very serious and committed people talk, full of good intentions. And yet, it is puzzling. For when one asks “what do you believe happens after a ‘chapter is opened’ that makes any real progress more likely? Is there evidence that ‘chapter-opening’ produces change?” people pause. Rightly so, as I showed in my Brussels presentation. There is in fact no evidence that “chapter opening” produces change – Turkey shows this best in recent years – that progress in “un-opened” chapters is faster or slower than in “opened” ones. A country can make all the reforms and then “open and close” all chapters at the very end (Croatia did this in many key policy fields). It can open many chapters and make no progress for years.

See this table. Note that it is based on the Commission’s own assessments in the 2013 progress reports (For more on these assessments see the ESI scorecard further below):

The argument is not against the need to have “chapters,” which define separate policy areas, from consumer protection to public procurement or waste management. These are useful conventions to deal with the vast range of European standards and policies.

However, what really matters is that the EU spells out clearly, publicly, fairly, and strictly – and in a way that is understood by the broadest possible public in Albania, Turkey, Serbia or Macedonia – WHAT the basic and fundamental rights and standards should be in a country that wants to join. And it should do this regardless of whether a “chapter” is opened (or a member state decides to veto this, as has happened and may well continue to).

This is what accession is about from the very beginning. To allow for a “veto” against focusing on key issues makes no sense at all. What does make sense is a focus on closing “chapters,” which in any case only happens at the very end, and in turn depends on the nature of the reforms being done!

So by all means, open Chapter 23 with Turkey (and every country), if this is possible. And yes, it was good to “open a chapter on regional policy” (Chapter 22), last summer. It was a “signal” that there was still a process in motion. But in the end, it was also a strange response to the drama of the Gezi protests and their subsequent repression. Yes, there is a process, as the EU stated, but one that does not address WHY opening Chapter 22 is an answer to the question most observers were asking about the state of democracy. How did opening a chapter on regional policy change anything meaningful in Turkey in 2013?  What has it changed since this was done?

The bureaucratic steps designed many years ago to make enlargement manageable are here to stay: the categories of potential candidates, opening one of 35 chapters, opening benchmarks, closing chapters. The bureaucratic process is not the problem. Nor is the fact that at every step, 28 member states have a veto. This is simply a fact of life.

However, what can and must happen is that the European Commission – and supporters of enlargement – see this ladder and the more than 70 steps for what it truly is: an instrument to many more worthwhile ends. And it is only those ends that matter to skeptical EU member states and to people in accession states: more vibrant public debates on political issues, particularly on television. Less discrimination of minorities, whether LGBT or religious minorities. More transparent spending whenever public agencies procure goods and services. A credible strategy to ensure safe food. Environmental inspectorates that ensure that dangerous waste is dealt with appropriately. Less polarised politics. A credible judiciary. Rules for businesses that allow fair competition. And many more…

Take another example. There is an esoteric debate, reminiscent of what scholars discussed in the cathedral schools of medieval Europe, on what is a “functioning market economy” for the European Commission. And in every progress report there is one section on “economic criteria.”

The EU insists that all accession candidates have a functioning market economy before they join: this makes intuitive sense. But the European Commission does not explain how it recognises one. Turkey has a “functioning market economy,” according to the EU. Serbia does not. One could have many long debates on whether a country that is not creditworthy has a functioning market economy (Greece? Cyprus?). Is this status linked to growth or its absence? (Was Finland a functioning market economy in 1988, stopped being one in 1993, and became one again in 1995?)

In fact, I recently learned that some people are trying to take the Commission to court (!) to disclose what its (secret) yardstick for measuring the functionality of an economy is. But it seems a misleading and irrelevant debate. If the Commission WOULD say that Albania will have a “functioning market economy” in 5 years, would members of the Bundestag or the Dutch public believe it? What does withholding this label do for Albania and the EU?

Would it not be better to assess countries by a few clear, measurable, and meaningful outcomes – the results of good economic policy? And to rewrite the currently unreadable and incomprehensible economic sections of progress reports so as to trigger regular and widespread public debates on economic fundamentals?

This could be done by defining and explaining a few key indicators for non-economist readers. Take the employment rate – how many people of working age have worked at least some in the past week, as measured by a credible standardised labor force survey? (Counting people employed in subsistence agriculture – how many of them are among the “employed?” This is also hugely interesting.)  Then one looks a bit closer: if employment is low, is this because few young people work? Or few women?

An accession candidate should focus on these questions, and a progress report by the commission should highlight them, which it does not currently do. In the 2013 Macedonia progress report the authors gave TWO employment rates: 40.7 percent on page 16 and 48.2 percent on page 61, in the same report! (It obviously did not seem central to the authors).

A country that has a low employment rate and yet aims to convince the EU that its economy can, after accession, “withstand competitive pressures” should be asked to show – over the period of the accession process – that it can address this issue seriously, and with at least some success. This is a debate worth having and renewing every year.

The same could be said for other outcomes of economic policy: what about exports per capita, the stock and flow of FDI, the qualifications of the future work force (as measured by the OECD’s PISA tests, which amazingly, not all candidate countries are currently required to participate in), or the ability to spend EU grant money on development?

For most of these outcomes of economic policy there are robust indicators that allow comparisons over time and between countries.  For some the European Commission can easily construct them. Indicators work best if they are completely plausible, and intuitively make sense to a broad public. And there need not be 20. The World Bank’s Doing Business reports started with five in 2004. Better five that every reader can understand, than twenty that are esoteric and hard to grasp.

The same is true for policy areas covered in the chapters. In my Brussels presentation I suggested doing for each chapter – and for each country – what the EU has done in the recent visa liberalisation process: produce one document that clearly sums up what the core requirements are under each policy area (or chapter) that every accession candidate should meet. They could look like visa liberalisation roadmaps (see here examples)

“Core” requirements means that these roadmaps for chapters need not include everything, but rather most of the important criteria – requirements that countries only need to meet shortly before actual accession can be excluded. These requirements should focus on OUTCOMES:  not just to pass a law, but also to “pass a law, have a credible institution and implement it.” And these requirements should be assessed annually in the progress reports for all countries, so they can be compared. There is no reason not to do this in all 7 countries, including Albania and Montenegro, Serbia and Kosovo. This would trigger very healthy debates and competition everywhere. In this way the annual progress report of the European Commission, its sections on “economic criteria” and on the policy areas in the 33 chapters, would become readable, interesting, and useful. It would address all four strategic objectives:

  • Fairness: Regular fair public assessments of where accession countries really stand in terms of meeting EU criteria.
  • Strictness: Strict public assessment of where accession countries are failing or even falling behind. The more concrete and specific the assessments are of what is missing, the better.
  • Clarity: Any EU assessment needs to be understood, not just by a handful of experts, but by the broader interested public in accession countries and in the EU. (Sections that are incomprehensible to an interested non-expert should be cut and rewritten).
  • Comparability: Any assessment should encourage two types of comparisons: between the situation in accession countries and EU standards, and among accession countries. Comparisons help both the fairness and the strictness of assessments.  They encourage friendly competition and mutual learning from best practice.

ESI believes that the regular progress reports – published annually by the European Commission on every applicant country already now – are the obvious and best instrument to achieve all of these objectives. Improving them is rightly at the center of any debate on how to increase the impact and credibility of current enlargement policy.

We are convinced that, building on what the Commission is already doing, progress reports could easily have the same impact on reform debates and reforms in accession countries as the regular OECD Pisa reports have had. Since 2000 these have reshaped the global debate on education.

This would help the Commission to keep (or regain) the trust in its assessments, which it needs to be effective.

In the end, the success of the commission in the field of enlargement cannot be measured by formal criteria: how many countries have started accession talks or how many chapters have been opened is not what matters most. What matters is closing chapters. And this can only happen after reforms are implemented. This means what matters now is what best helps the reform process.

 

BRUSSELS PRESENTATION

Below are a few slides from my Brussels presentation. In the next weeks we are planning to organise many more presentations across Europe. We integrate the feedback into the next presentations and policy papers. If you have thoughts on this, please do let us know: you can write directly to g.knaus@esiweb.org.

One reason PISA tests capture the public imagination: they make it possible to compare results between countries and over time. But the ranking is not a gimmick for the media: the results also allow detailed analysis, such as what kind of schools are doing better than others? Are there differences between reading and science results? Between girls and boys? How significant are the discrepancies between the best and the worst performing schools?

A notable strength of PISA is that it focused on results, not perceptions. DG enlargement needs the same. A credible yardstick – a gripping, readable annual report – would achieve all of these goals. The progress reports should be this:


This requires that all parts of the reports be read, understood, and taken seriously by at least the following members of a focus group: the civil servants who work on it, political leaders in government and opposition, business people who care about EU accession for what it means for them, critical journalists, civil society activists, and interested followers of the news, who might be tempted to look for a translation of the report.

See below a possible focus group in Macedonia: this IS the readership of these reports in any country.

At the same time EU member states need to see what is being done.

There are three parts to progress reports, where different ways of assessment are needed:

Political criteria: A focus on outcomes and areas where countries fall short. This is NOT likely to be usefully measured in quantitative terms, but best by reference to minimum standards, (which need not be low, but should be plausible). More on this in the next ESI reports.

Economic criteria: A focus on plausible OUTCOMES of good policy, a mere handful of key and obvious indicators.

Alignment with EU policies and regulations in sectors: The production – for the 33 chapters – of roadmaps would help because it would allow turning implementation into scorecards. This WAS done for visa liberalisation:

The key is how to identify core objectives in each policy field. The expertise for most or all of the policy fields currently exists in the Commission, as does the text.

This would then also allow comparisons. And this in turn would inspire debates, allow leaders to focus, and allow the media to analyse … it would put the results of the process – not the formal opening of closing of chapters – at the center of attention.

Rethinking the methods of assessment would also allow countries to make real efforts to try to beat low expectations… and to know that this would be recognised. It would allow certain ministers in a government to stand out. This is what happened to Bosnia during the visa liberalisation process in the summer of 2010. (See below the scorecard before and after this real effort).

At the same time, this would allow critical member states to understand in detail HOW the European Commission arrives at its assessments.

All this leads to a few concrete suggestions for EU accession future progress reports:

  • Precise formulations (even more so than today, though in 2013 this was already done)
  • In assessing “alignment” (or “preparation”) consider moving towards terms that more clearly indicate the required end-state: “Fully met,” “Largely met,” and “Not yet met.”
  • Build each chapter assessment on publicly available individual chapter roadmaps, which also list the indicators used to assess implementation.
  • Add scorecards for each chapter
  • Report on all seven countries in the same way so they can be compared.
  • Consider adjusting chapter roadmaps every three years in light of the changing EU acquis.

Scorecard legend for the table below:

Green: alignment is/preparations are advanced / well advanced / rather advanced / relatively advanced; high / sufficient level of alignment)

Yellow: alignment is/ preparations are advancing / moderately advanced / on track

Red: alignment is/ preparations are starting / at an early stage / not very advanced / not yet sufficient. / A country has started to address its priorities in this area.

Alignment with the acquis – per chapter – 2013 Progress Reports

 

Chapter

Turkey

Mace-donia

Serbia

Monte-negro

Albania

1: Free movement of goods

3

3

1

3

1

2: FoM for workers

0

0

1

0

0

3: Right of establishment, freedom to provide services

0

1

1

0

1

4: Free movement of capital

0

1

1

1

1

5: Public procurement

1

3

1

1

1

6: Company law

3

1

3

1

1

7: Intellectual property law

3

1

3

3

0

8: Competition policy

1

3

1

1

0

9: Financial services

3

1

1

1

1

10: Information society & media

1

1

1

1

1

11: Agriculture & rural development

0

1

0

0

0

12: Food safety

0

1

1

0

0

13: Fisheries

0

1

1

0

0

14: Transport policy

1

1

1

3

0

15: Energy

3

1

1

1

0

16: Taxation

1

1

1

1

1

17: Economic & monetary policy

3

3

1

1

0

18: Statistics

3

3

3

1

1

19: Social policy & employment

1

0

0

0

0

20: Enterprise & industrial policy

3

1

1

0

1

21: Trans-European networks

3

3

1

1

0

22: Regional policy, structural instr.

1

0

1

0

1

23: Judiciary & fundamental  rights

24: Justice, freedom & security

0

3

1

1

1

25: Science & research

3

1

1

1

0

26: Education & culture

1

1

1

3

1

27: Environment & climate change

0

1

0

0

0

28: Consumer & health protection

1

1

1

1

0

29: Customs union

3

3

1

1

1

30: External relations

3

1

1

1

1

31:Foreign, security, defence policy

1

3

1

1

1

32: Financial control

1

0

1

1

1

33: Financial & budgetary prov.

0

0

0

0

0

 

 

Detailed assessment by the European Commission (2013)

Chapter

Turkey

Macedonia

Serbia

Montenegro

Albania

1: Free movement of goods

The state of alignment in this chapter is advanced.

Preparations in the area of free movement of goods are advanced.

Preparations in the area of free movement of goods are moderately advanced.

Preparations in the area of free movement of goods are relatively advanced.

Preparations are moderately advanced.

2: Freedom of movement for workers

Preparations in this area are at an early stage.

Preparations in this area are still at an early stage.

Preparations in this area are moderately advanced.

Alignment with the acquis is still at an early stage.

Preparations in the area of freedom of movement for workers are at an early stage.

3: Right of establishment and freedom to provide services

Alignment is at an early stage.

In the area of postal services, the level of alignment is advanced. There is not yet full alignment with the acquis, particularly as regards mutual recognition of professional qualifications, free movement of services and establishment.

Preparations are moderately advanced.

Substantial efforts are still needed to align the legislation and implement the acquis on mutual recognition of professional qualifications.

Preparations are moderately advanced.

4: Free movement of capital

Preparations in this area are at an early stage.

Preparations are on track and gradual harmonisation of the regulatory framework for payment systems is under way.

Alignment in this area is moderately advanced.

Preparations are moderately advanced.

Preparations are moderately advanced.

5: Public procurement

Preparations in this area are moderately advanced.

Preparations in the area of public procurement are advanced.

Alignment in the area of public procurement is moderately advanced.

Preparations in the area of public procurement are moderately advanced.

Preparations in the field of public procurement are moderately advanced.

6: Company law

Turkey is well advanced in this area.

Preparations in the area of company law as a whole are moderately advanced.

Alignment in the area of corporate law is well advanced.

Preparations remain moderately advanced.

Preparations are moderately advanced.

7: Intellectual property law

Alignment with the acquis is advanced.

Preparations in the field of IPR are moderately advanced.

Alignment in the area of IPL is advanced.

Preparations are advanced.

Preparations are not very advanced.

8: Competition policy

Turkey is moderately advanced in this area.

Preparations in this area are advanced.

Alignment in this area is moderately advanced.

Preparations are moderately advanced.

Preparations for the revision of state aid legislation are at an early stage.

9: Financial services

Preparations in the area of financial

services are advanced.

Alignment with key parts of the acquis on financial market infrastructure has not yet been achieved. In the area of financial services, alignment with the acquis is moderately advanced.

Alignment in the area of financial services is moderately advanced.

The level of alignment is moderately advanced.

Preparations are moderately advanced.

10: Information society and media

Preparations are moderately advanced.

Preparations in this area are on track.

Alignment with the

acquis in this area remains moderately advanced.

Preparations are on track.

Preparations are moderately advanced.

11: Agriculture and rural development

Preparations in the area of agriculture and rural development are at an early stage.

Preparations remain moderately advanced.

Alignment with the acquis remains at an early stage.

Alignment with the acquis is at an early stage.

Preparations in this area are not very advanced.

12: Food safety, veterinary and phytosanitary policy

Preparations in this area are at an early stage.

Preparations in the area of food safety and veterinary policy are well on track. Preparations in the phytosanitary area are at an early stage.

Preparations in the area of food safety, veterinary and phytosanitary policy are moderately advanced.

Preparations remain at an early stage.

Preparations remain at an early stage.

13: Fisheries

Alignment in this area is at an early stage.

A large proportion of the fisheries acquis is not relevant as the country is landlocked.

Preparations in the area of fisheries are moderately advanced.

Preparations in this area are at an early stage.

Preparations are not very advanced.

14: Transport policy

In the area of transport, Turkey is moderately advanced.

Preparations in this area are moderately advanced.

Serbia is moderately advanced in its alignment with the acquis in this area.

Preparations in this area are advanced.

Preparations in the area of transport are not very advanced.

15: Energy

Turkey is at a rather advanced level of alignment in the field of energy.

Preparations in this area are moderately advanced.

Preparations in the area of energy are moderately advanced.

Preparations in the area of energy are moderately advanced.

Preparations are not very advanced.

16: Taxation

Preparations in this chapter are moderately advanced.

Preparations in the area of taxation are moderately advanced.

Preparations in the area of taxation are moderately advanced.

Montenegro’s alignment with the acquis is moderately advanced.

Preparations are moderately advanced.

17: Economic and monetary policy

Turkey’s level of preparedness is advanced.

Preparations in this area are advanced.

Serbia is moderately advanced.

Alignment in the area of economic and monetary policy is moderately advanced.

Preparations are not yet sufficient.

18: Statistics

Alignment with the acquis is at an advanced level.

Preparations in the field of statistics are advanced.

Serbia is advanced in the area of statistics.

Preparations in the area of statistics are moderately advanced.

Preparations are moderately advanced.

19: Social policy and employment

Legal alignment is moderately advanced.

Preparations in this area are at an early stage.

Serbia has started to address its priorities in this area.

Montenegro has started to address its priorities in this area.

Preparations in the area of social policy and employment are not very advanced.

20: Enterprise and industrial policy

Turkey has a sufficient level of alignment in this chapter.

Preparations in this area are moderately advanced.

Preparations in this area are on track.

A strategic effort to promote skills at all levels in sectors where Montenegro has significant trade with the EU will be important to improve competitiveness and ensure preparedness for competitive pressures and market forces within the Union.

Preparations are moderately advanced.

21: Trans-European networks

Alignment in this chapter is advanced.

Preparations in this area are advanced.

Preparations in the area of trans-European networks are moderately advanced.

Preparations in this area are moderately advanced.

Preparations in the area of trans-European networks are not very advanced.

22: Regional policy and coordination of structural instruments

Preparations in this area are

moderately advanced.

Preparations in

this area are not very advanced.

Preparations in this area are moderately advanced.

Preparations in this area are at an early stage.

Preparations in this area are moderately advanced.

23: Judiciary and fundamental rights

24: Justice, freedom and security

Alignment in the area of justice and home affairs is at an early stage.

Preparations in this area are advanced.

Serbia is moderately advanced in the area of justice, freedom and security.

Alignment with the acquis in the field of legal migration, asylum and visas is still at an early stage.

Preparations in this field are advancing.

25: Science and research

Turkey is well prepared in this area.

Preparations in this area are on track.

Preparations in the area of science and research are on track.

Preparations in this area are well on track.

Preparations are not sufficiently advanced.

26: Education and culture

(No assessment of the state of alignment.)

Preparations in the areas of education and culture are moderately advanced.

Preparations for aligning with EU standards are moderately advanced.

Preparations are advanced.

Preparations are moderately advanced.

27: Environment and climate change

Preparations in these fields are at an early stage.

Preparations in the field of the environment are moderately advanced while preparations in the field of climate change remain at an early stage.

Priorities in the fields of environment and climate change have started to be addressed.

Preparations in these areas are still at an early stage.

Preparations in the fields of the environment and climate change are at an early stage.

28: Consumer and health protection

Preparations in this area are on track.

Preparations in this area are moderately advanced.

Preparations in this area remain moderately advanced.

Preparations in these areas are moderately advanced.

Preparations are starting.

29: Customs union

The level of alignment in this area remains high.

Preparations in this area are advanced.

Preparations in the area of the customs union are well on track.

Preparations in the field of customs union are moderately advanced.

Preparations are moderately advanced.

30: External relations

There is a high level of alignment in this area.

Preparations in this area are moderately advanced.

Preparations in the area of external relations are moderately advanced.

Preparations in the area of external relations are on track.

Preparations are moderately advanced.

31: Foreign, security and defence policy

Preparations in this area are moderately advanced.

Preparations in this area are well advanced.

Preparations in the area of foreign, security and defence policy are well on track.

Preparations in the area of foreign, security and defence policy are on track.

Preparations in this field remain on track.

32: Financial control

Preparations in this area are moderately advanced.

Preparations in this area are at an early stage.

Preparations in this area are moderately advanced.

Preparations in this area are moderately advanced.

Preparations are moderately advanced.

33: Financial and budgetary provisions

Preparations in this area are at an early stage.

Preparations are at an early stage.

Preparations in this field are at an early stage.

Preparations in this area are at an early stage.

Preparations in the area of financial and budgetary provisions are at an early stage.

17 October 2013

Bosni i Hercegovini je do sada u EU integracijama bilo potrebno više vremena nego bilo kojoj drugoj državi Balkana. BiH još uvijek nije predala aplikaciju za članstvo, a probila je sve rekorde kada je u pitanju Sporazum o stabilizaciji i pridruživanju (SSP). Pregovori o SSP-u sa EU krenuli su još u novembru 2005. A sporazum, osam godina kasnije, još uvijek nije stupio na snagu.

U najnovijem izvještaju Evropske incijative za stabilnost (ESI), “Houdini u BiH – Kako otključati process EU integracija”, ESI ukazuje na konkretne posljedice zastoja. U desetljeću nakon 2003. tri zemlje koje su ostvarile najgori napredak u pristupanju EU, Kosovo, Albanija i BiH, su ujedno i tri zemlje Zapadnog Balkana koje su ostvarile najgori ekonomski napredak, bilo da se radi o ekonomskom rastu po glavi stanovnika, rastu izvoza ili broju zaposlenih. Biti najsporiji dolazi sa cijenom, a ta cijena se plaća prosperitetetom.

Sve to čini prevazilaženje trenutnog zastoja u BiH još hitnijim. Uzrok i bh. muke oko SSP-a i njenog oklijevanja u predaji aplikacije za članstvo u EU je samo jedan: neuspjeh političkih vođa da se dogovore o provedbi presude Evropskog suda za ljudska prava u slučaju Sejdić i Finci. U proteklih 46 mjeseci sigurno nije nedostajalo pokušaja da se ispregovara rješenje. Više od 50 prijedloga je razrađeno, a o istim se raspravljalo tokom više od 130 sastanaka. Samim tim nedostatk pokušaja nije razlog što se bh. političari nisu dogovorili.

U idealnoj situaciji, vođe najvažnijih političkih stranaka iz oba entiteta će se što prije dogovoriti o potpunoj provedbi presude u slučaju Sejdić i Finci. Ali ako se ne mogu dogovoriti o svemu sada, onda se trebaju barem dogovoriti o reformi Doma naroda Parlamentarne skupštine BiH.

Sud za ljudska prava presudu u slučaju Sejdić i Finci, u dijelu o Domu naroda BiH, zasniva na Konvenciji o ljudskim pravima i njenom prvom protokolu, a koji su na snazi u svim zemljama članicama EU. Samim tim ima smisla da fokus Evropske unije bude na promjeni Ustava BiH u dijelu koji se odnosi na Dom naroda. U dijelu o Predsjedništvu BiH, Evrospki sud svoju presudu bazira na protokolu 12, koji je na snazi u samo 8 od 28 zemalja članica EU. Samim tim politički je teže opravdati blokiranje BiH od stane EU u ovom dijelu.

Naš izvještaj nudi izlaz iz trenutnog zastoja. Bh. političke stranke trebaju potvrditi svoju volju za implementaciju presude Suda za ljudska prava. Treba da priznaju kako im za postizanje dogovora o Predsjedništvu BiH treba više vremena i treba odmah da se dogovore o rješenje za Dom naroda. EU treba da prihvati promjene vezane za Dom naroda kao ‘kredibilan napor’ dovoljan za pokretanje procesa pridruživanja EU, te nastavi da inzistira na potrebi ispunjavanja preostalih obaveza do punopravnog članstva BiH u EU.

U takvom razvoju događaja Predsjedništvo BiH bi trebalo da pošalje pismo Vijeću Evropske unije i podnese zahtjev za članstvo u EU. Ovo bi bilo dobro i
za BiH i za EU jer bi omogućilo jednoj od najsiromašnijih zemalja na Balkanu da odbaci okove koji je predugo usporavaju i zaustavljaju.

Full report here (in English: Houdini in Bosnia – How to unlock the EU accession process (17 October 2013)

 

 

 

 

 

Filed under: Balkans,Bosnia,Enlargement,Europe,Human rights — Gerald @ 3:52 pm
7 October 2013

 

Sažetak dokumenta

Izgubljeni u bosanskohercegovačkom labirintu

Zašto Sejdić i Finci slučaj ne bi trebao blokirati aplikaciju za članstvo u EU

7. oktobar 2013.

Evropski sud za ljudska prava je u decembru 2009. u slučaju Sejdić i Finci protiv Bosne i Hercegovine (BiH) presudio da Ustav i Izborni zakon BiH krše Evropsku konvenciju o ljudskim pravima i njene protokole. Naime, bosanskohercegovački zakoni propisuju izjašnjavanje pripadnosti bošnjačkom, hrvatskom ili srpskom narodu kao uslov za kandidaturu na političke pozicije člana Predsjedništva i delegata u Domu naroda BiH.

Iza međunarodnog interesa za ovaj slučaj stoji moralno zgražanje. Kako jedna država u današnjoj Evropi može da spriječava Roma ili Jevreja da se kandiduje za šefa države? Nije li to onda rasistički ustav?

Četiri godine su prošle od kada je presuda donesena. Ustav i Izborni zakon BiH nisu promijenjeni. Vijeće EU je u decembru 2010. poručilo političkim liderima u BiH da je provedba presude uslov za „kredibilnu aplikaciju“ za članstvo u EU. Od tada EU upozorava da će ovo pitanje, ako ne bude riješeno, blokirati put zemlje ka EU.

Najutjecajniji bosanskohercegovački političari su 1. oktobra 2013. otputovali u Brisel i dogovorili se o „principima za pronalaženje dogovora.“  Postavili su 10. oktobar kao novi rok za pronalaženje dogovora.

Ipak, vrlo je vjerovatno da dogovora neće biti. U tom slučaju pitanje koje se postavlja pred EU je: šta je sljedeće? U ovom dokumentu ESI zagovara da je trenutna politika EU – blokiranje puta BiH ka EU zbog ovog pitanja –  i nepravedna i kontraproduktivna. Tri su razloga za ovakvu poziciju:

 

Slučaj Sejdić-Finci nije pitanje institucionalnog rasizma.

Južnoafrički apartheid je imao rasistički izborni sistem. Bosna i Hercegovina ga nema. Nemaju ga ni Belgija ni Južni Tirol, bez obzira što zakoni u obje zemlje propisuju u nekim slučajevima, kao i u BiH, obavezu izjašnjavanja pripadnosti nekoj od zajednica. Samo u BiH pripadnost određenom narodu nije zakonski definisana. Ostavljajući svakom pojedincu punu slobodu da sam odredi svoj identitet, ali i da ga u budućnosti promjeni, bosanskohercegovački sistem je puno liberalniji i od belgijskog i južnotirolskog sistema. I za razliku od Cipra, pripadnost određenom narodu u BiH nije vezana ni za jedan objektivni kriterij, kao što je religija ili pripadnost roditelja nekom narodu. Činjenica je da je EU 2004. podržala glasanje zasnovano na podjeli na zajednice i pohvalila UN-ov plan Kofija Annana za Cipar, koji je kao osnovu imao iste principe na kojim je zasnovan Ustav BiH.

 

Bosna i Hercegovina ne krši temeljna ljudska prava.

Centralno i najkomplikovanije pitanje izbora članova Predsjedništva BiH ne krši prava koja proizilaze iz Evropske konvencije o ljudskim pravima. Ono predstavlja kršenje protokola 12 Konvencije, koji proširuje primjenjivost zabrane diskriminacije sa „prava i sloboda predviđenih konvencijom“ na „sva prava određenih zakonom“. Ovaj protokol je do sada potipsalo samo 8 od 28 zemalja članica EU.

Sejdić-Finci nije pitanje sistematskog kršenja međunarodnih obaveza od strane BiH.

Nivo implementacije presuda Evropskog suda za ljudska prava BiH je bolji nego većine zemalja članica EU.

Iz navedenih razloga razloga neprovođenje presude u slučaju Sejdić i Finci ne može da opravda blokadu BiH da preda aplikaciju za članstvo u EU. Same reforme koje EU očekuje od BiH nisu tražene od drugih zemalja koje su aplicirale za članstvo, a još manje od zemalja članica EU.

Sastanak u Briselu koji će biti održan 10. oktobra bi trebao biti posljednji takve vrste. U najboljem slučaju BiH lideri će dogovoriti rješenje. Ali ako se to ne dogodi, onda EU treba preispitati svoju trenutnu politiku i zahtjevati od BiH da provede presudu Suda za ljudska prava kao dio šire reforme ustava koju će provesti tokom procesa pridruživanja. Provedba ne ne bi trebala biti preduslov. Postavljanje iste kao takve bila je pogreška.

 

Filed under: Balkans,Bosnia,Enlargement,Human rights — Gerald @ 10:05 pm
11 May 2013

THE EU SHOULD ACT NOW IN ALBANIA

The EU should become stronger and more outspoken well before the Albanian elections taking place on 23 June 2013. This requires it to keep its distance from all parties, while strongly defending core principles, including the rules that govern the core bodies involved in election administration.

The EU goal is to contribute to the respect of rules that will allow free and fair elections. Following legitimate elections a legitimate winner would form the next government, and a gracious loser would concede and form a credible opposition. This would open the door for cooperation between all serious Albanian parties to take their country and the whole Balkans further on the road to European integration.

A dream? Or a realistic goal that deserves timely European support?

Presentation on Albania in spring 2013 in Edirne

 

Interview with Gerald Knaus published in Osservatorio Balcani e Caucaso

Albania: crucial elections for Europe

The EU should be unambiguous about the forthcoming parliamentary elections in Albania, taking a joint position spelling out concretely what are the red lines that must not be crossed. An inteview with ESI chairman Gerald Knaus

What can the EU do to prevent polarization in Albania surrounding the upcoming elections?

Two things are important. The first is not to have any illusions. Most previous Albanian polls have been marked by controversy, with irregularities and election results challenged. This was also the case in 2009. After the elections politics was paralyzed, the parliament was boycotted, some in the opposition went on a hunger strike.

One can hope for a positive surprise and an uncontested election in June 2013, of course, but sound EU policy should be based on the opposite assumption: that these election will be close and contested and that all parties will try to put pressure on the election administration. In the end, whoever is declared to have lost will challenge the legitimacy of the whole process and protest. And the big loser in such a scenario will be Albania as a whole.

Therefore, since this is a possible, even, likely outcome it becomes all the more important that the EU has a united, clear and principled position already before the elections. The European Union has stated that it expects these elections to meet “European and international standards.” It now needs to spell out more concretely what this means, what the red lines are that must not be crossed. This does not reduce its flexibility. On the contrary: it is a precondition for it to have any real influence. If red lines are crossed and important rules are broken, as we saw recently in the unlawful dismissal of a member of the Central Election Committee, the EU must speak out more forcefully than it has done so far.

Above all the EU needs to try to stay united. The European Commission, all the big political groups in the European Parliament, from the Center right to the Liberals to the Center left, all key member states, like Italy and Germany, should tell the parties in Tirana the same thing: here are our common red lines. Do not be tempted to cross them. And then, whoever wins, the loser also has to accept the result as legitimate.

What does this mean concretely? Recently the Albanian parliament has dismissed one of the seven members of the Central Election Committee (CEC)? Should the EU declare in advance that this was unlawful, and that therefore the coming elections will not meet its standards? Does this not reduce EU leverage?

Elections in Albania will not be perfect. They cannot be, and there are even problems in established democracies. But some problems are much more serious than others. This is why we argue for a need to focus on what is essential, not on what is merely desirable.

For this reason we have proposed a few specific red lines, concerning the core issues always disputed in Albania: the election administration supervising voting and counting, and the process of adjudication of complaints and appeals. Complaints in particular must be resolved through strict observation of Election Code procedures. If there are problems this can be resolved through a credible adjudication mechanism. But in this process the role of the Central Election Commission is vital.

Albania has a good Election Code today. In this Code some rules are crystal clear: members of the election administration cannot be removed for reasons unspecified in the Election Code. Central Election Commission members are political appointees and voted in by parliament, but then they become something else, like US Supreme Court judges chosen by the president and the Senate: they become guardians of rules. There is a reason why they are appointed for six years and are not to be dismissed unless they commit a crime. They must act on the basis of the Election Code and defend it, not engage in party politics. Will they want “their” party to win? Perhaps, but this should be irrelevant to how they do their job.

Now, to accept from the very outset that, in any case, the CEC will and can never be apolitical in Albania, is to give up on basic standards even before a single vote has been cast! This sends a terrible message.

Some might say: it is unrealistic to expect the recent dismissal of a CEC member to be reversed. And perhaps everything will go well in any case from now on: voting, counting, there will be few disputes, these will be resolved peacefully, there will be a clear result. Would anybody then remember this current debate?

But everything will not go well. Not if the past is any guide at all to the present. And the CEC is not a marginal actor in elections. It must be seen as legitimate and based on the law. If things go wrong I fear that later people will look back and point to the dismissal of the CEC member, the collapse of the CEC, and the weak international reaction as a crucial bad turning point.

On the other hand, imagine that the EU takes a strong joint position NOW. This would send a clear signal: some institutions must not be touched. Some rules must not be broken. What really matters is not who wins but that Albanian voters have the chance to participate in a free and fair contest.

How can the international community avoid being seen to take sides?

This is a crucial challenge. It is one the European Union in particular failed in the past. Everybody knows that different political parties in the EU have political friends in Albania. This is normal and legitimate. And therefore different Europeans parties will usually back the arguments of different players in Albania.

This starts becoming a serious problem, however, once it leads politicians in Albania to expect thatwhatever they do and argue, they will receive some backing from their friends outside. The primary role of the European Union should be to insist that all parties play to win in a fair manner. And to lose in a fair manner: there can be no mass protests after fair elections.

This should not be so hard. Take Croatia in the past decade. The European People’s Party has supported and been close to the HDZ in Croatia. Social Democrats in the EU have rooted for their political family members in Zagreb. But everybody has above all hoped that Croatian elections are free and fair, that there is an alternation in power when voters decide on it, and that Croatia will join the EU soon as a consolidated democracy. And Croatia has had an internal consensus that some issues are beyond party politics.

What would be the regional consequences if Albania has bad elections and remains stuck on its EU path?

In 2009 Albania submitted its application for EU accession. In 2010 the European Commission rejected taking this further, and denied Albania official candidate status. Until today Albania has not been recognized as an official EU candidate, unlike Montenegro, Serbia and Macedonia. Kosovo of course cannot even apply to the EU as long as all EU members have not recognized it as a state. And Macedonia is stuck until the name issue is resolved. This could be in one month, but it could also be in one decade, or never. Thus we risk seeing the Balkans divide again. One group makes progress (Croatia, Montenegro, Serbia) while the others stay behind, at a time of already severe social and economic stress. This is not a good development for anyone, not for the region’s Albanians nor for their neighbours.

What is the role of international election monitors in such a polarised environment?

Did elections in 2009 meet “international and European standards”? It is surprisingly hard to answer this question. Will it be easier in 2013? This is the key question for observers, and this is what decides whether monitors succeed or fail in their job in Albania in June.

International election monitors are aware that their assessments have consequences. If they disapprove of elections they can trigger massive protests (Ukraine 2004). If they approve of elections they reduce the political ammunition for any challenge (Ukraine 2010). There is an understandable incentive to take refuge in ambiguous language. But this can also be dangerous, as we saw in Albania in 2009.

Of course assessing elections is difficult. Albanian institutions are weak, and elections close. Even small irregularities might have a major impact. In 2009 the Office for Democratic Institutions and Human Rights (ODIHR), the most professional institution in the field of election monitoring in the world today, summed its findings up as follows: “…while meeting most OSCE commitments, these elections did not fully realize Albania’s potential to adhere to the highest standards for democratic elections.”

What does this mean? Did any country in the Balkans, or indeed elsewhere in Europe, ever fully adhere to these “highest standards”? Is meeting “most” OSCE standards really good enough for Albanian voters? I think there is a challenge for monitors also to be clearer and less ambiguous. Let us hope we will not hear later this summer that Albanian elections have met most OSCE commitments, but did not fully realize Albania’s potential to adhere to the highest standards for democratic elections. It would certainly be true. It would also be irrelevant.

What can member states like Italy do?

We argue that the EU should pay close attention to these crucial elections. Here member states matter hugely. Clearly Italy is close to Albania, has interests and expertise. But above all Italy is led by a coalition government today. This government can talk to all sides in Tirana.

Imagine if the big Italian parties adapt a joint position now, and push the EU to do this as well: to insist that the Central Election Committee is reconstituted before the official election campaign starts on 23 May 2013 in line with the Election Code, and to warn that unless this happens the EU will not consider these elections conducted in line with European standards. On the other hand, Italy could also warn all parties in Albania that this time there must be no post-election boycotts. Disputes have to resolved within the responsible institutions, not on the street. And that Italy would strongly push for accession talks to start with Albania as soon as possible after free and fair elections.

This would send a strong positive message. What happens in Albania today matters to all of Europe. Italians know this better than most Europeans.

 

Gerald Knaus is the chairman of Berlin-based think tank European Stability Initiative (ESI). He is co-author of the report: Red Lines for Albania – The EU and the June Parliamentary Elections

 

 

 

Filed under: Albania,Balkans,Enlargement — Gerald @ 2:14 pm
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