Olivera Dimic and Dragan Djuric

Transcript Olivera Dimic and Dragan Djuric

Montenegro and European Integration Process

Olivera Dimic and Dragan Djuric Capacity Development Programme

Achievement of Candidate status

        15 December 2008 - Application for membership 23 April 2009: Council of the EU requested the Commission to submit its opinion (avis) June 2009: EC Questionnaire:  around 4,000 questions + additional 600 15 December 2009: Answers:  4,327 pages + annexes on 8,500 pages 19 December 2009: Visa liberalization for Montenegrin citizens 1 May 2010: SAA entered into force 9 November 2010: EC Opinion 15 December 2010: Council EU: Montenegro is Candidate country

Comparison:

Candidate status

      Croatia - 18. 06. 2004  Negotiation process:2005-2011  December 2011 - Signing the Accession treaty  July 1 2013 – EU member state Macedonia - 9. 12. 2005  Still without negotiations Turkey – October 2005  Negotiation process:  opened negotiations on 13 chapters  closed provisionally one chapter Srbija – 1. 3. 2012 candidate  January 2014 opened negotiations Iceland – in 2009 applied for EU membership  July 2010: official opening of negotiations process  Since 1994 part of EEA - European Economic Area  27 chapters opened   11 chapters provisionally closed In May 2013 decided to stop negotaitions Potencial candidate: Albania, Bosnia and Hercegovina, Kosovo

2010 - EC Opinion

       Administrative and judicial capacities remain overall limited The negotiations for accession to the EU should be opened with Montenegro once the country achieves the necessary degree of compliance with the membership criteria and in particular the Copenhagen political criteria requiring the stability of institutions guaranteeing notably the rule of law. In this regard Montenegro needs in particular to meet 7 key priorities Government of Montenegro (and Parliament) developed Action plan for fulfilment of there priorities. During 2011 Montenegro implemented this Action plan December 2011 – Council of EU envisaged exact date for opening negotiations - 29 June 2012 Screening process - in the course of 2012, 2013 (june) until May 2014 (reports)

Avis: Priorities

Legislative framework for elections, strengthen the Parliament’s legislative and oversight role.

PAR, enhancing professionalism and de-politicization of public administration and to strengthening a transparent, merit-based approach to appointments and promotions.

Strengthen rule of law, de-politicized and merit-based appointments of members of the judicial and prosecutorial councils and of state prosecutors Improve the anti-corruption legal framework and action plan; establish a solid track record of proactive investigations, prosecutions and convictions in corruption cases at all levels.

Strengthen the fight against organized crime. Develop a solid track record in this area.

Enhance media freedom and strengthen cooperation with civil society.

Implement the legal and policy framework on anti-discrimination; a sustainable strategy for the closure of the Konik camp.

Preparation for Accession

      Nominate Chief Negotiator and Negotiation team Define the General Negotiation position Define the specific negotiation positions for particular chapters Define the new coordination mechanisms within the Government Define the role of the Parliament in negotiation process Define the way how the NGOs, overall public, experts and other stakeholders will be include in the negotiation process

Chapters of the EU acquis

10.

11.

12.

13.

14.

15.

16.

17.

Free movement of goods Freedom of movement for workers Right of establishment and freedom to provide services Free movement of capital Public procurement Company law Intellectual property law Competition policy Financial services Information society and media Agriculture and rural development Food safety, veterinary and phytosanitary policy Fisheries Transport policy Energy Taxation Economic and monetary policy 18. Statistics 19. Social policy and employment 20. Enterprise and industrial policy 21. Trans-European networks 22. Regional policy and coordination of structural instruments 23. Judiciary and fundamental rights 24. Justice, freedom and security 25. Science and research 26. Education and culture 27. Environment 28. Consumer and health protection 29. Customs union 30. External relations 31. Foreign, security and defense policy 32. Financial control 33. Financial and budgetary provisions 34. Institutions 35. Other issues

No. of legal acts per Chapters



http://epdb.eu/eulegislation/

The content of negotiations Accession means: - Adoption of the acquis - Alignment of national legislation - Efficient implementation of the acquis

Phases of negotiations

          Opening of negotiations Screening process Substantive negotiations in each chapter Temporary closure of chapters Completion of negotiations Drafting of the Accession Treaty The signing of the Accession Treaty The referendum and the ratification of the Accession Treaty Entry into force of the Treaty Membership in the EU - on the agreed date

Novelties in accession negotiations

      Benchmarking Possibilities for Suspension of negotiations Continuation of monitoring process after the negotiation is finished No date for accession until the overall negotiation process is finished Starting with chapters 23 and 24  Judiciary and fundamental rights  Justice, freedom and security Reasons:  Lessons learned from previous enlargement processes  Development of acquis, Lisbon treaty…

Preparation for Accession negotiations

  In March 2012 the GoM established negotiations structures:     Chief Negotiator Negotiation group Secretariat of the Negotiation group Working groups (per chapters) for negotiation New EU approach: Accession negotiations start and finish with chapters:  23. Judiciary and fundamental rights  24. Justice, freedom and security

Montenegro and Chapter 23

    Negotiation group - 48 members   4 of them from CSOs Established in March 2012 Explanatory screening – 26-27 March 2012  90 documents presented Bilateral screening – 30 -31 May 2012   83 preliminary questions form EC Areas: Justice, anticorruption, fundamental rights and freedoms, personal data, EU citizens… April 2014 - opened negotiations

Montenegro and Chapter 24

    Negotiation group - 38 members   2 of them from CSOs Established in March 2012 Explanatory screening - 28-30 March 2012 Bilateral screening - 23 – 25 May 2012    118 question from the EC and answers on 120 pages 44 presentations Areas: Migrations, asylum, visas, Schengen acquis, legal cooperation, foreign borders, organized crime… April 2014 - opened negotiations

Ongoing negotiation

Chapter 5: Public procurement Chapter 6: Company law Chapter 20: Enterprise and industrial policy Chapter 23: Judiciary and fundamental rights Chapter 24: Justice, freedom and security Chapter 25: Science and research (temporary closed) Chapter 26: Education and culture (temporary closed) 8.

Chapter 7: Intellectual property law Chapter 10: Information society and media 10. Soon: Chapter 4: Free movement of capital 11. Soon: Chapter 31: Foreign, security and defence policy 12. Soon: Chapter 32: Financial control

Challenges

     Opening benchmarks:  Chapters 1, 3, 8, 11, 12, 13, 15, 19, 22, 27… Small country – small administration – week administrative capacities Coordination of various policies Too ambitious line ministers - too strong commitments and budgetary obligations Connection between negotiation process and IPA II support

EU Financial Assistance

   2000-2006: PHARE, ISPA, SAPARD, CARDS 2007-2013: IPA   The purpose of support under the Instrument for Pre-Accession Assistance (IPA) programme is to help candidate and potential candidate countries to progress towards fully meeting the Copenhagen political and economic criteria as well as adopting and implementing the EU acquis Since 2007, Montenegro has received EU financial aid under the IPA for an annual average financial envelope of around 35 M€ 2014-2020: IPA II   Sector-wide approach Donor coordination

IPA II Sectors within Policy areas

     1.

Transition Process and Capacity Building (TPCB)

Democracy and Governance Judiciary and Fundamental Rights

Regional Development

Transport Environment Competitiveness and Innovation

Employment, Social Policies and Human Resource Development

7. Education, Employment and Social Policies

Agriculture and Rural Development

8. Fishery, Phiyo, Veto and Rural Development

Regional and Territorial Cooperation