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
12 September 2013

What if?

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 g.knaus@esiweb.org!

Filed under: Enlargement,Europe,Greece,Turkey — Gerald @ 8:14 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
1 April 2013

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.”[1] 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.”[2] 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.


2 January 2013

Dear friends,

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 g.knaus@esiweb.org). 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

Executive Summary

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.

Update: the full report is now available on our website

Filed under: Balkans,Border revolution,Enlargement,Germany,Sweden,Visa — Gerald @ 12:31 am
13 December 2012

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, the European 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 Council will 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.

Filed under: Enlargement,Greece,Macedonia — Gerald @ 3:04 am
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