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.
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.
In his wonderful book on Turkish history – The Young Turk Legacy And Nation Building - Dutch historian Eric J Zuercher has an intriguing chapter on “Turning Points and Missed Opportunitities in the Modern History of Turkey: Where Could Things Have Gone Differently?”. Here he discusses how Ottoman and later Turkey history might have developed if the wars of 1877 and 1912 had NOT taken place; if there had NOT been the Istanbul uprising of April 1909; if Kemal Ataturk had NOT established “an almost totalitarian grip” over the country in the 1920s; and if the transition to democracy after World War II had happened differently. And Zuercher concludes:
“it is a very useful exercise for us historians to remind ourselves that the historical developments with which we are all too familiar, should not be seen as inevitable … Thinking about what could have been makes us more sensitive to processes and contingencies that we too easily overlook when we already know how the story ends.”
It is indeed a useful exercise and I only regret that Zuercher stops his what if in the 1950s.
One of the most intriguing missed opportunities in Turkey’s modern history surely took place in the late 1970s, when Turkey decided not to follow Greece, Spain and Portugal and did not submit an application for full EU accession. Why did it not? Would it have succeeded? Was it discouraged by EU member states or was this above all a result of its internal politics?
I have long been puzzled by this question; and so far I have found it difficult to find detailed accounts of what actually happened then. For now I only hope that Zuercher, or some other curious historian, will go and look in the diplomatic archives to tell us the full and real story.
Here are, for now, the outlines of this missed opportunity as I have pieced them together from different sources.
On 12 June 1975 Greece, having just emerged from military rule, submitted its application to the (then) European Economic Community (EEC). Negotiations started in July 1976. On 28 March 1977 Spain submitted its application. This was followed by Portugal in July that same year.
If Turkey had submitted an application at the time chances are that it would have been very difficult for the EEC to reject it while accepting Greece. While some EEC countries (including, not surprisingly, the France led by president Valery Giscard d’Estaing) did not believe that a Greek and Turkish application would necessarily be treated together, others apparently disagreed. Armagan Emre Cakir discusses evidence that some high level European politicians and officials travelled to Ankara and urged the government of the prime minister Bulent Ecevit in 1978 to apply. Ecevit was opposed; so was his deputy prime minister at the time, the Islamist Necemettin Erbakan. It seems that for Ecevit the EU was too capitalist; for Erbakan it was too much a “Christian club.”
There were even then those in Turkey who urged the country to be more proactive. The Turkish ambassador in Brussels, Tevfik Saracoglu, returned to Ankara in summer 1975 (after Greece had just applied) urging the prime minister Demirel, and party leaders Turkes and Erbakan to do the same. He left empty handed.
In May 1978, as the membership for Greece was finalized, Ecevit, instead of submitting a Turkish application, froze relations with the EEC.
But this was not the last chance. In 1980 the foreign minister of Turkey, Hayrettin Erkmen, told the government of Suleyman Demirel that Turkey should apply urgently. Erkmen failed. In fact, in July 1980 the Islamist Erbakan brought a motion against him into the parliament because of his idea to take Turkey into the EEC. This motion was supported by the left-wing Kemalist Bulent Ecevit. And so Erkmen was removed from office on 5 September 1980.
A week later, on 12 September, tanks rolled in streets of Ankara and Istanbul, as a military junta took control of the country. One of Turkey’s darkest periods was about to begin.
This is the rough outline of what must surely be regarded as one of the great missed opportunities of modern European history. I wonder if a Turkey on route to joining the EEC would have experienced the brutal coup in 1980 that finally and decisively separated its fate from that of other European Mediterranean countries with autocratic traditions. Greece joined the EU in 1981. Spain and Portugal followed in 1986. In 1989 the Berlin Wall came down and the division of Europe ended. During this time Turkey first adopted a military-inspired constitution, then fought a bitter counterinsurgency campaign against the PKK – while trying in vain to suppress all expressions of a separate Kurdish identity. Economically the gap between Turkey on the one hand and Spain, Portugal and Greece on the other became ever wider during the two decades that followed.
I hope this fascinating episode will one day soon be researched in depth. Unfortunately Hayretting Erkmen died in 1999, so it is no longer possible to interview him. Erbakan also died, as did Ecevit. And yet, there must be witnesses and documents that would allow a diligent historian to reconstruct the events that led to such a tragic denouement.
This also qualifies a claim sometimes still made by Turkish politicians that the EU has prevented them from joining the EU “for half a century”. For much of that period it appears Turkey’s biggest obstacle were the attitudes of Turkey’s leaders.
One also hopes that Turkey’s leaders do not repeat the mistakes of this time and miss further windows of opportunities. I could think of a few even now. This is, however, another story.
PS: If any readers know of any more detailed study of this period, in English , German or Turkish, please let me know at firstname.lastname@example.org!
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.
One decade has been lost. What about the next one?
Op-ed by Gerald Knaus (for Koha Ditore)
In Athens, spring 2003
One decade ago, in spring 2003, the New York Times published an appeal by four Balkan leaders, the presidents of Croatia and Macedonia and the prime ministers of Albania and Serbia. Its title: “The EU and South-East Europe need each other.” The occasion was a special Balkan meeting of the World Economic Forum in Athens where all these leaders also came together.
I was there too at the time, and I remember both the appeal and the atmosphere in Athens well. In fact, together with my friend Misha Glenny, I drafted it. There was a sense of urgency in the air, and of anticipation. Zoran Djindic, the prime minister of Serbia who had delivered Slobodan Milosevic to the Hague tribunal, had been assassinated by ultra-nationalist members of the Serbian security forces. Croatia had handed in its application to join the EU, the first Western Balkan state to do so. The host of the meeting, Greece, then the EU’s rotating president, pushed hard to get a European commitment to continued Balkan enlargement.
Shortly before the Athens gathering Boris Trajkovski, the president of Macedonia, invited me to draft an appeal that he planned to ask other leaders to co-sign. He knew that the region would receive a better hearing if it spoke with one voice. He was concerned. His own country had recently been on the verge of civil war. Serbia was on the edge, its ultranationalists growing in confidence. The future of Montenegro and Kosovo was not yet settled. Would the EU, following its 2004 enlargement to Central Europe – then just about to happen – get tired of further expansion? The Balkan leaders’ appeal warned: “Until the whole Southeastern Europe is safely integrated into the European Union, the job will not be complete. And until it is, Europe cannot feel secure about itself.”
One decade later, where do we stand? Today, when EU leaders talk about crises in South-East Europe they think of Athens not Skopje, of Nikosia, not Belgrade. Europe does not feel “secure about itself” but it is not the Western Balkans or the threat of renewed conflict that keeps EU leaders awake, literally, at one crisis summit after another.
Montenegro and Kosovo are independent states; the fear of armed conflict in the region has never appeared more distant. And yet, despite these important breakthroughs, it is hard not to regard the years since 2003 as a lost decade for the Balkans. Boris Trajkovski tragically died in an airplane crash in the Bosnian mountains, on his way to submit Macedonia’s own application for EU membership. His country has been stalled for years now by a Greek veto (a threat which did not appear real in 2003 in Athens). Serbia, ten years after the death of Djindic, has still not even opened EU accession talks. Albania is not an EU candidate yet. The Greek foreign minister in spring 2003, George Papandreou, became prime minister, only to be swept away by the Greek economic melt-down. 2003 was perhaps the last success of Greek diplomacy. At the European Union summit on the Balkans in Thessaloniki in summer EU leaders stated their “unequivocal support to the European perspective of the Western Balkan countries. The future of the Balkans is within the European Union.” Croatia used the past decade, opened accession talks, closed them, and is today on the verge of accession. And yet, it is likely that ten years from now in 2023 Croatia will still be the only Balkan country inside the EU.
Rereading the Trajkovski appeal today highlights a further disappointment. It contained a specific proposal: to make EU regional and cohesion funding available to the region, so as to help it catch up economically, rather than fall further behind. The appeal warned that “the long-term stability of Southeastern Europe depends on the region’s economic health, but this does not mean the usual plea for more money … We are committed to opening our markets to our neighbors and to the EU. We have made huge progress in curbing inflation. And we are now greatly encouraged by the proposal by Greece … that the Thessaloniki summit meeting focus on the possibility of applying cohesion and development policies in our region.”
This was a hope that has not come true. The Western Balkans remains one of the poorest regions of Europe. In Serbia today less than half of the working-age population is actually employed. Unemployment levels in Macedonia and Bosnia are disastrously high. Foreign direct investment in the region, which had transformed the economic structures of Central European countries, has fallen to very low levels. And yet, if a focus on underdevelopment in the Balkans has never been more urgent, the EU’s confidence in its ability to bring about convergence and growth in its own periphery has rarely been lower. The 2003 Trajkovski appeal stated that “The EU has a remarkable record of triggering economic success by helping poorer regions — Ireland, Greece, Spain and Portugal have experienced veritable revolutions in social and economic development in the last 20 years.” It is hard to imagine anybody writing like this today, in the wake of bail-outs, bank failures and rapidly rising unemployment in Spain or Greece.
EU leaders no longer worry about war in the Balkans. They are no longer confident in their ability to bring about economic convergence. They fear the weakness of democratic institutions in Romania or Greece. They worry about inadequate regulation in Cyprus or Spain. Given this state of affairs: what arguments can sway them to open their institutions to accept even poorer states, with even weaker institutions, and even worse images among the public and political elites in Berlin, Paris or The Hague?
Perhaps Greece will prepare for its EU presidency in 2014 by changing its policies on Skopje and Pristina. Perhaps Serbia and Kosovo will soon reach an agreement that allows both countries to move beyond their confrontation. Perhaps Albania will manage to hold free and fair elections this summer. Perhaps Bosnia’s leaders will soon be able to put together a credible application for EU accession. Perhaps Macedonia’s leaders will be capable of renewing the national consensus to focus on EU integration that existed in 2003. Perhaps politicians throughout the region will wake up late at night worrying about youth unemployment and the inadequacy of vocational training, about export opportunities and the best way to use scarce public resources for growth, rather than about building statutes or wasting public money on prestige infrastructure of little proven economic benefit. And then, perhaps, a successor of Boris Trajkovski will invite all his regional counterparts to an informal meeting to seriously discuss what they might do together to correct the image of their region, driven by the recognition that the whole region has dropped out of the focus of the rest of Europe.
If Boris Trajkovski would be around today, and would propose drafting a new appeal for Balkan leaders to sign and publish, what could it say? Appeals are expected to end with proposals, a sense of hope, recommendations. But sometimes it is better to resist this temptation. To acknowledge just how steep the wall is that one has to climb. To recognise that before any new appeals to the EU a whole series of steps have to be taken by the region itself. To recognise that time matters; and that April 2013 is another crucial moment which Balkan leaders miss at their peril. I believe Trajkovski would have realised this. Will his successors?
Perhaps this is not a time for appeals at all, but for a blunt and honest recognition: a decade has been lost. The next might be as well. And it is not by formulating words on paper that this can be prevented.
2013 could be a big year for visa free travel in Europe, with important decisions upcoming concerning Turkey and Moldova. It could also be a disastrous year for the cause of free travel if visas are reimposed on the Western Balkans.
It is appropriate, therefore, that the first report ESI publishes in 2013 – on 1 January to be precise – deals with this very question. You will find the full report on our website later this week, but if you want an advance copy right away let me know (write to email@example.com). Below you find for now the executive summary and some of the most interesting findings as exerpts from this report. We also recently presented these findings to senior officials in Rome, Berlin, Brussels and Stockholm.
In the meantime the whole ESI team and your Rumeli Observer wish you a happy and productive 2013!
NEW ESI REPORT – 1 January 2013
Saving visa-free travel – Visa, asylum and the EU roadmap policy
Since the visa requirement was lifted for Western Balkan countries in 2009, there has been a sharp increase in claims for political asylum by citizens of the region. Barely any of these applicants qualify for asylum. Rather, they are benefitting from national
asylum rules that provide relatively generous benefits during the application process.
Since 2010, EU leaders have demanded that Balkan governments take measures to stem this tide of asylum seekers. In fact, the problem lies with ‘pull factors’ inside the EU. Now, EU policymakers find themselves under increasing pressure to address the problem directly by suspending visa-free travel for Western Balkan countries. Such a draconian measure would undermine the credibility of the EU’s whole approach to visa liberalisation – not just in the Western Balkans, but also in Moldova, Kosovo, Turkey and the Ukraine. But it is by no means the only solution available.
In the world of justice and home affairs, clear-cut solutions to complex issues are generally hard to come by. There are inevitable trade-offs to be made between controlling borders and allowing the free movement of people; between protecting individual liberties and safeguarding the public. When it comes to visa liberalisation in the Balkans, however, there is a clear solution that reconciles the concerns of all the different constituencies involved. The solution is to make it less attractive for those who clearly do not qualify for asylum to submit speculative or bogus claims.
Under EU rules, all member states provide asylum seekers with financial and material support while their applications are being processes. But there is a sharp difference between two groups of countries: those that take many months to process their asylum
claims, and those that dispose of them within a few weeks. It is the lengthy processing times found in Germany, Sweden and other EU members (up to 8 months with appeals) that acts as the magnet for unjustified asylum seekers. The EU members able to deal expeditiously with asylum claims face a significantly lower numbers of applications.
This paper proposes two possible solutions. One is to address the problem at the national level. Those states that have seen a sharp increase in applications from the Balkans could radically shorten their procedures. They could follow the example of Switzerland, which has recently introduced a 48-hour procedure for applicants from safe European countries like the Balkans. The other option is to tackle the problem at the EU level. The EU should label countries that have completed a visa liberalisation process as “safe countries of origin”, allowing for lighter and quicker processing procedures. We believe that the ideal response would be to pursue both solutions in parallel.
Such a solution would not close off the rights of genuine refugees to apply for and receive asylum. The statistics reveal that countries with shorter procedures in fact accept a higher proportion of their asylum applications. It would, however, help to weed out speculative claims and bring down the costs for European taxpayers. It would also safeguard visa-free travel for the Western Balkans, which has proved a critical step in giving hope and a sense of direction to a troubled region on the EU’s borders.
Macedonia and accession: how the arguments of supporters of early accession talks prevailed
As EU member states gathered last week to discuss Council Conclusions relating to Macedonia two camps of member states emerged with two versions of these conclusions. To understand whose arguments prevailed – and how to judge what happened – it is important to go beyond facile conclusions and take a closer look at both proposals.
On the one hand there was a majority of member states who favored very positive language. These states were hoping to encourage a proactive Commission to take the initiative and to prepare the ground to launch EU accession talks with Macedonia already in June 2013. They were hoping that in the end both Greece and Bulgaria would agree that this was also in their interest … that this was truly an issue where all sides could win.
In this group’s draft of the Council Conclusions a concrete date – June 2013 – is given for the possible opening of accession negotiations. This version states that the Council examines further progress in Macedonia on the basis of a Commission report before June 2013. It asks the Commission to submit “in due time” (i.e. at its own discretion, meaning it could start work on it right away in early 2013) a proposal for a negotiations framework, to be ready by June. It also invites the Commission to begin the “analytical examination of the acquis” (screening) right away.
Here are the key paragraphs of this maximalist proposal, backed by most member states and the Commission last week:
3. The Council largely shares the Commission’s assessment that the political criteria continue to be sufficiently met and takes note of its recommendation that accession negotiations be opened with the former Yugoslav Republic of Macedonia.
5. With a view to the possible opening of accession negotiations with the former Yugoslav Republic of Macedonia in June 2013, the Council will examine progress in the implementation of reforms in the context of the High Level Accession Dialogue, on the basis of a report to be presented by the Commission in the first half of 2013. The Commission is invited to submit in due time a proposal for a framework for negotiations with the former Yugoslav Republic of Macedonia in line with the European Council’s December 2006 conclusions and established practice, which also takes into account good neighbourly relations. Taking into account the new approach to accession negotiations as regards the chapters on the judiciary and fundamental rights, and justice, freedom and security, the Commission is also invited to carry out the process of analytical examination of the EU acquis on these chapters.
Faced with this France, backed by a much smaller number of other EU states, put a counter-proposal on the table late last week. This version assesses progress in Macedonia less positively (the Council no longer “largely” but only “broadly” shares the Commission’s positive assessment). The minimalist proposal removes any reference to any concrete date. At an unspecified future moment, the European council would once again have to decide and invite the commission to submit a proposal for a negotiations framework. This would happen only “once all the conditions are met”, which is not explained. The minimalist version states that in order to start screening another Council decision would be needed to task the Commission to do so. For now the commission gets no mandate to do anything until further notice.
Here is the full text of the minimalist version:
3. The Council broadly shares the Commission’s assessment that the political criteria continue to be sufficiently met and takes note of its recommendation that accession negotiations be opened with the former Yugoslav Republic of Macedonia.
5. Before opening accession negotiations with the former Yugoslav Republic of Macedonia, a decision which will be considered in due time by the European Council, in line with established practice, the Council will continue to examine progress in the implementation of reforms including in the context of the High Level Accession Dialogue. Once all conditions are met, theEuropean Council will invite the Commission to submit a proposal for a framework for negotiations with the former Yugoslav Republic of Macedonia in line with the European Council’s December 2006 conclusions and established practice, which also takes into account good neighbourly relations. Taking into account the new approach to accession negotiations as regards the chapters on the judiciary and fundamental rights, and justice, freedom and security, the European Councilwill also invite the Commission to carry out the process of analytical examination of the EU acquis on these chapters.
So what actually happened? In all EU negotiations there is usually a give and take. However, if one takes a look at the final text of the Council Conclusions one sees clearly that the maximalist proposal emerged largely victorious.
In the final text the following was agreed:
- the council “largely” (not “broadely”) shares the Commission’s positive view that Macedonia was ready to open talks (the maximalist version).
- The council tasks the Commission already now to produce a report “in spring 2013” “with a view to a possible decision of the European Council to open accession negotiations”.
- The council commits that it will assess this report “during the next presidency”, i.e. before July 2013.
- Provided that the assessment is positive, the Commission will be invited to submit “without delay” (i.e. as quickly as it can) a framework for negotiations.
- Provided that the assessment is positive the Commission will be invited to start screening two chapters, i.e. before accession talks begin.
- The Council even “takes note” that the Commission “will conduct all the necessary preparatory work in this respect” … which means that Commission can start preparing both the negotiations framework and screening right away.
Look at the finally agreed text of the conclusions and the answer whose arguments won the day is obvious:
40. The Council largely shares the Commission’s assessment that the political criteria continue to be sufficiently met and takes note of its recommendation that accession negotiations be opened with the former Yugoslav Republic of Macedonia.
42. With a view to a possible decision of the European Council to open accession negotiations with the former Yugoslav Republic of Macedonia, the Council will examine, on the basis of a report to be presented by the Commission in Spring 2013, implementation of reforms in the context of the HLAD, as well as steps taken to promote good neighbourly relations and to reach a negotiated and mutually accepted solution to the name issue under the auspices of the UN. In this perspective, the Council will assess the report during the next Presidency. Provided that the assessment is positive, the Commission will be invited by the European Council to: (1) submit without delay a proposal for a framework for negotiations with the former Yugoslav Republic of Macedonia, in line with the European Council’s December 2006 conclusions and established practice; (2) carry out the process of analytical examination of the EU acquis beginning with the chapters on the judiciary and fundamental rights, and justice, freedom and security. The Council takes note of the intention of the Commission to conduct all the necessary preparatory work in this respect.
The original plan of the Commission and of the member states who supported the maximalist version was to create a new momentum emerging from this Council. In this they succeeded.
- The Commission can immediately begin to prepare its “spring report” which the Council will assess before July 2013.
- The Commission can immediately begin to prepare for the analytical screening of two chapters and draft a proposal for negotiations.
- Once the Council accepts a positive Commission report the Commission will submit the framework for negotiations “without delay”
One basic reality has obviously not changed: Greece will have to agree to the opening of accession talks. Expecting anything else was always unrealistic. The hopes of the friends of opening accession talks were to kick-start a process of finding a solution to the name issue in the first few months of 2013. Both supporters of opening talks soon and minimalists agreed on this paragraph without arguing:
41. As set out in the European Council conclusions of June 2008, maintaining good neighbourly relations, including a negotiated and mutually accepted solution to the name issue, under the auspices of the UN, remains essential. There is a need to bring the longstanding discussions on the name issue to a definitive conclusion without delay. The Council welcomes the momentum that has been generated by recent contacts/exchanges between the two parties, following the Greek proposal for a memorandum of understanding. The Council is, moreover, encouraged by recent contacts with the UN mediator.
The important point is this: if there is a positive European commission report following enough movement on the name issue and on good neighbourly relations all preparations will have been made to launch accession talks in 2013 without delay.
Clearly the pressure has increased further for a serious effort to find a breakthrough in early 2013. This is pressure on everyone: on the Commission, on interested EU member states, but above all on Skopje and Athens. The fact that Greece accepted these conclusions, however, is another small positive sign.
The European Commission’s hope from the very beginning was to energize the search for a mutually agreed solution to the name issue. The commission and most member states wanted a date in the conclusions when accession talks would possibly be opened. Now there are two dates in the conclusions: a report by the commission on progress by “spring” (April) with a view to start accession talks; and a Council assessment of this “before the next presidency” (before July).
An additional paragraph was also inserted upon the initiative of Bulgaria:
In light of the overall importance of maintaining good neighbourly relations, the Council also notes the recent high level contacts between the former Yugoslav Republic of Macedonia and Bulgaria and looks forward to their translation into concrete actions and results.
This means: if there is an agreed solution on the name issue soon, and if there are ‘concrete actions and results’ from high level meetings with Bulgaria till April, the goal to start accession talks in 2013 “before the next presidency” or very early in it remains alive. These are one big and one (slightly) smaller if. But a focused effort by the Commission and by member states supportive of opening accession talks soon has prepared a more promising playing field for a breakthrough than there has been in a while. What is needed now is a serious and imaginative solution to the name dispute before the commission reports “in the spring”; a solution that allows both Athens and Skopje to unlock the current destructive stalemate in a manner that both governments can defend before their domestic constituencies.
The Council was a warm up exercise. Now the real game begins. Athens and Skopje face a prisoners dilemma: if neither side believes that a solution is possible, and acts on this, both will lose. If both sides take a calculated risk to take the search for a mutually acceptable solution seriously both can win.
By spring 2013 we will know the outcome … sooner rather than later.
A few months ago I visited Macedonia to present EU diplomats, ambassadors, the Macedonian prime minister, the foreign minister and party leaders a slighly revised version of the ESI proposal for overcoming the stalemate in the name dispute between Macedonia and Greece.
I also presented this proposal once again in Brussels, Berlin and in other EU capitals. I gave everyone a paper copy of the revised proposal. Since then it has circulated among EU diplomats.
It would be foolish to be too optimistic that anything can help overcome such a complicated dispute. And yet, there are a number of reasons to be more optimistic this time than in a long while. I remain convinced also that nothing can be forced by outsiders on either party, not now, not later. It will take a compromise that national leaders can present to their publics in both Skopje and Athens as a step forward for their side; and one where both sides retain their leverage until actual EU accession of Macedonia.
Then, earlier this month, the Macedonian weekly Gradjanski reported the following:
“drawing on unnamed diplomats, reported that Brussels was working on a‘date for date’ strategy about the country in December: start of membership negotiations would be announced for next June with Skopje being obliged to deliver by then tangible results on good neighbourly relations (improved ties with Bulgaria and Greece, including essential reviving of the name negotiations). The sources stressed the importance in this context of a constructive response of Skopje to Greece’s memorandum, which would offer ideas, but also pointed at the government being reserved about the plan. The weekly also reported on an upgraded 2010 proposal by the European Stability Initiative that the name issue be resolved in the early stage of membership negotiations but the referendum on the solution take place at the end of the process, i.e. together with the referendum on EU membership. According to Gragjanski, the upgraded document, which is reportedly supported by an influential lobby group in Brussels, foresees for the new composite name to immediately replace the current reference and its wider use to enter into force together with EU accession. Constitutional changes are expected from Skopje in order to accept the new name for international use; the constitutional name will remain official name of the country in its official languages and the use of the adjective ‘Macedonian’ will not be called in question, says the proposal.”
I have since been asked by a number of people to share the new version of the proposal. This then is the latest version in full:
What is needed is a way forward that accepts the bottom lines for Athens and Skopje. This can be achieved through a constitutional amendment in Skopje that changes the name of the country with a geographic qualifier today: to replace Former Yugoslav Republic of Macedonia where the latter is currently in use, allowing Athens to support the start of EU accession talks and to sending an invitation to join NATO later this year or early next year, but which foresees that the change will enter into force permanently and erga omnes on the day Macedonia actually joins the EU.
Such a solution is possible if the following happens:
1. There is active mediation between both sides which focus solely on finding a compromise name for the country with a geographical modifier, dealing with the issues of RM NATO accession and the opening of EU
2. Greece and RM agree on a compromise name, XYZ, with a geographical modifier. This will immediately replace F.Y.R.O.M. wherever that is currently in use in international
3. Greece commits to allow RM to join NATO under this new provisional name XYZ and an invitation to join NATO is extended.
4. RM changes its constitution to say something like this:
“From the day the Republic of Macedonia joins the European Union the international name of the country will be XYZ, used erga omnes in all languages other than the official languages of the country.”
The promised referendum on EU accession at the end of the negotiation process becomes thereby de facto the real referendum on the name issue (there was no referendum for F.Y.R.O.M., and until accession the new name is used only in place of F.Y.R.O.M.).
Leaders in RM replace one name their citizens do not like (referring to a state that has disappeared decades ago, Yugoslavia) with another name they do not like, both used in the same way.
Neither side loses leverage in the future. If future Greek governments block EU accession of RM or make additional demands judged unacceptable in Skopje this would also delay the entering into force of the core provision of this compromise. Greece shows its EU partners that it remains actively in favor of Balkan enlargement. Greece also keeps its leverage until the very end of the accession process