The European Union has decided to open accession negotiations with Ukraine and Moldova, while the accession negotiations with Bosnia and Herzegovina have been delayed. The new potential start of negotiations with BiH has been set for March 2024. This decision has triggered numerous negative reactions, especially in the Republic of Srpska, where the majority of politicians believe that BiH deserves to begin negotiations before Ukraine and Moldova.
The Council of the European Union will open accession negotiations with Bosnia and Herzegovina once the country has achieved the necessary degree of compliance with membership criteria. This was stated in the press release following the EU Council meeting held in Brussels on December 14 and 15, 2023. The Council has called on the European Commission to report to the Council on progress at the latest in March 2024, with a view to making decision.
The conclusions do not explicitly mention the infamous fourteen priorities that BiH was supposed to fulfill before the start of negotiations, a set of criteria imposed by the EU back in mid-2019. The fact that the fulfillment of all priorities may not be a prerequisite for the start of negotiations is evident in the case of Ukraine and Moldova. Moldova has fully met six out of nine priorities, while Ukraine has met four out of seven. Analysts note that BiH has been subjected to far more conditions compared to Ukraine and Moldova, including several constitutional reforms and issues regarding the core of the Dayton Agreement. It now seems clear to European officials that BiH simply cannot meet all the priorities, indicating that the plan was, consciously or unconsciously, overly ambitious.
The fourteen priorities are categorized into four areas: democracy, rule of law, basic human rights, and public administration.
What has been fulfilled?
According to the European Commission’s Report on BiH from November of this year, BiH has completely fulfilled only two out of 14 key priorities. Priority number 3 has been completed, establishing The Stabilisation and Association Parliamentary Committee, which held its inaugural session. Additionally, priority number 10 has been completed, establishing national preventive mechanism against torture, and the Constitutional Court repealed the reference to death penalty in the Constitution of the Republic of Srpska.
Some progress has been made in seven priorities.
Progress, according to the European Commission’s assessment, has been made regarding priority number 1. Municipal elections were held in Mostar, and the High Representative imposed several changes to the electoral framework which, according to the OSCE, challenged legal certainty. It is still necessary to align the electoral framework with EU standards and recommendations. Priority number 5 has seen a positive assessment due to the appointment of the Supervisory Body for Monitoring the Implementation of the State Strategy for Dealing with War Crimes. Some progress has been made regarding priority number 6. Amendments and supplements to the Law on the HJPC related to integrity were adopted in the BiH Parliamentary Assembly, with the European Commission noting that this is a modified version of the law sent to the Venice Commission for review. Furthermore, Bosnia and Herzegovina should adopt two comprehensive laws on the reform of the judiciary – the new Law on the HJPC and the new Law on Courts of Bosnia and Herzegovina – in line with the opinions of the Venice Commission.
Regarding priority number 7, which concerns the fight against corruption and crime, limited progress has been achieved. The Law on Public Procurement and the Strategy for Combating Terrorism have been adopted. This should be supplemented by the adoption of the Law on Anti-Money Laundering and Financing of Terrorism Activities, which was passed after the publication of the European Commission’s Report. No progress has been made in fulfilling the key priority number 7, which involves adopting the Law on Prevention of Conflict of Interest in BiH institutions in line with European standards.
Efficient coordination of migration management, indicated as priority number 8, has also improved with the adoption of the Migration Strategy by the Council of Ministers and the Law on Foreigners by the BiH Parliamentary Assembly. Priorities number 13 and 14 have been partially fulfilled. The first pertains to improving vulnerable groups, including the LGBTIQ population, and the second involves public administration reform through the adoption of the Law on Freedom of Access to Information.
At the same time, no progress has been made in fulfilling four priorities related to the functioning of the coordination mechanism on EU matters (priority number 2); the Constitutional Court reform, including addressing the issue of international judges (priority number 4); implementation of the legislation on non-discrimination and gender equality (priority number 9); European standards on freedom of assembly , guaranteeing freedom of expression and media protection, and ensuring the financial sustainability of public RTV services (priority number 12).
What is sufficient for the start of negotiations?
Is the fulfillment of all 14 priorities still a condition for the start of negotiations, or is “further progress in Bosnia and Herzegovina in key aspects and reforms” sufficient, as stated by European Commissioner for Enlargement Oliver Varhelyi? According to the statements of European officials in BiH, the next week will be crucial. The adoption of the Law on Conflict of Interest, the Law on Courts, and legislation on electronic signatures would be strong arguments demonstrating Bosnia and Herzegovina’s progress in implementing the 14 key priorities. This was mentioned in a joint op-ed by the Head of the EU Delegation to BiH, Johann Sattler, the Ambassador of Spain, and the Chargé d’Affaires of Belgium. Whether this, if fulfilled, will be sufficient is not entirely clear. As stated in a joint op-ed, “it is therefore impossible to say simply and categorically that if Bosnia and Herzegovina does x, y, and z, then a recommendation to open accession negotiations will follow. Nonetheless, it is also clear that adopting important reforms in the next few weeks will help Bosnia and Herzegovina’s case for opening accession negotiations, while other actions will hurt it.” The authors of the column claim that there is total unity among all 27 member states regarding Bosnia and Herzegovina’s EU membership and that those who claim that this or that country is against Bosnia and Herzegovina’s entry into the EU are flatly wrong.
What are the priorities of domestic politicians?
Politicians in BiH agree that BiH should become part of the European Union, but there are differences in how to achieve that. For representatives of the Republic of Srpska, the european path must respect the Constitution, and decisions must be the subject of internal agreement rather than imposition. They find simultaneous resolving of all 14 priorities most acceptable, and if not, then the priority is the reform of the Constitutional Court of BiH, specifically removing foreign judges. However, they are willing to compromise, as demonstrated by accepting the formation of the Appellate Division of the BiH Court, as envisaged by the Law on Courts of BiH. The problem is that Bosniak politicians insist that the seat of that court be in East Sarajevo, not Banja Luka, as proposed by the Republic of Srpska. For Croatian representatives, the priority is amending the Election Law to include changes to the way members of the BiH Presidency are elected. The situation has been further complicated by Christian Schmidt, who, according to the Republic of Srpska, lacks legitimacy to be the High Representative in BiH. Schmidt warned politicians that they should reach an agreement on changes to the Election Law in the next few weeks, or he will impose them.
Key priorities
I Democracy/Functionality
- Ensure that the elections are conducted in accordance with European standards by implementing the relevant recommendations of the OSCE/ODIHR and the Venice Commission; ensure the transparency of the financing of political parties and hold local elections in Mostar.
- Ensure visible results when it comes to the functioning of the coordination mechanism on issues related to the EU, at all levels, including the preparation and adoption of the national programme for the adoption of the acquis.
- Ensure the proper functioning of the Parliamentary Committee for Stabilization and Association.
- Fundamentally improve the institutional framework, including the constitutional level, in order to: a) ensure legal certainty in terms of the division of competences between levels of government; b) introduce a replacement clause to enable the state after accession to temporarily exercise the competence of other levels of government in order to prevent and eliminate violations of EU law; c) guarantee the independence of the judiciary, including its independent institution (HJPC); d) reform the Constitutional Court, including resolving the issue of international judges and ensured the implementation of its decisions; e) guarantee legal certainty, including the establishment of a judicial body that would be entrusted with ensuring a consistent interpretation of the law throughout Bosnia and Herzegovina; f) ensure equality and non-discrimination of citizens, especially treatment according to the judgment of the European Court of Human Rights in the Sejdić and Finci case; g) ensure that all administrative bodies in charge of implementing the acquis are based solely on professionalism and that the right of veto is removed in the decision-making process, in accordance with the acquis;
- Make concrete steps to promote an environment conducive to reconciliation in order to overcome the legacy of war.
II Rule of law
- Improve the functioning of the judiciary through the adoption of new laws on the High Judicial and Prosecutorial Council and the courts of BiH in accordance with European standards.
- Strengthen the prevention and fight against corruption and organized crime, including the fight against money laundering and terrorism, primarily through: a) adoption and implementation of regulations on conflict of interest and protection of whistle-blowers; b) ensuring the effective functioning and coordination of anti-corruption authorities; c) harmonizing legislation and strengthening capacity for public procurement; d) ensuring efficient cooperation between law enforcement bodies and prosecutor’s offices; e) demonstrating progress in achieving the results of proactive investigations, confirmed indictments, criminal prosecutions and final convictions in cases of organized crime and corruption, including those at a high level; f) depoliticization and restructuring of public enterprises and ensuring the transparency of the privatization process.
- Ensure efficient coordination of border management and capacities for migration management at all levels and ensure the functioning of the asylum system.
III Fundamental rights
- Strengthen the protection of the rights of all citizens, especially by ensuring the implementation of laws on non-discrimination and gender equality.
- Ensure the right to life and the prohibition of torture, especially by (a) abolishing the reference to the death penalty in the Constitution of Republika Srpska and (b) appointing a national mechanism for the prevention of torture and inhumane treatment.
- Provide a stimulating environment for civil society, especially respecting European standards on freedom of association and freedom of assembly.
- Guarantee freedom of expression and the media and the protection of journalists, especially through (a) ensuring appropriate judicial processing of cases of threats and use of violence against journalists and media workers, and (b) ensuring the financial sustainability of the public RTV services system.
- Improve the protection and inclusion of vulnerable groups, especially people with disabilities, children, LGBT people, members of the Roma community, detainees, migrants and asylum seekers, as well as displaced persons and refugees, with the aim of closing Annex VII of the Dayton Peace Agreement.
IV Public administration reform
- Complete the necessary steps in the reform of public administration with the aim of improving the overall functioning of public administration by ensuring a professional and depoliticized civil service and a coordinated approach to creating policies throughout the country.
The Srpska Times
