Kosovo warns Serbia: Rule of law and free elections remain key test for EU

Leaders of the European Union and the Western Balkans are gathering today in Tivat for the EU-Western Balkans Summit.

The summit is expected to focus on the progress of accession negotiations, the implementation of the Growth Plan for the Western Balkans, proposals for the gradual integration of candidate countries, and regional cooperation.

Ahead of the summit, European Western Balkans brings an interview with European Commissioner for Enlargement Marta Kos on the future of the enlargement process, new ideas for gradual integration, as well as the current state of the accession process in the Western Balkans.

European Western Balkans: The EU-Western Balkans Summit is taking place in Tivat at a time of intense discussions about the future of enlargement. What topics, in your opinion, will be key in the talks with leaders and what do you expect to be the most important message for the citizens of the region?

Marta Kos: Since there is a new government in Hungary, there is a new dynamic in the enlargement process at all levels. The most important message for the Western Balkan countries from the EU is that we are making progress and things are moving forward. We see that in Montenegro and Albania we are clearly moving into the next stages of their accession process. There is a lot of positive energy around what is being done now, and I very much look forward to seeing this during the summit in Tivat.

EWB: In recent weeks, several EU member states have presented various proposals on new models of integration before full membership. How do you see the models proposed so far? Do you think that reform in this direction is necessary, and will there be an official discussion on this topic in the foreseeable future?

MK: These proposals bring a new dynamic to the discussion and this is very welcome. We are using the methodology that is the same as what we used 40 years ago, when Spain and Portugal joined the EU. There is a need to see what we can do differently to respond to the geopolitical situation which is completely different today from what it was in previous enlargement processes.

I can't say what the outcome of this discussion will be, but gradual integration is one of the areas where we can really go deeper. So what we know from the discussion is that member states want to stick to the merit-based principle, which is important.

They say we really need to take care of the fundamentals – the rule of law, anti-corruption, human rights and media pluralism – and I agree with that. With gradual integration we can show citizens much earlier how their country is benefiting from joining the EU now, not just while they wait for full EU membership.

EWB: In your recent letter to the countries of the region, you warned about the slow pace of reform implementation and the risk of losing funds from the Growth Plan. What is causing this slow pace – is the Plan too ambitious, or are the governments not committed enough to implement the reforms?

MK: The situation for the Growth Plans is different in each country. With the Growth Plan and the Reform Growth Facility, we have more than doubled the financial assistance to the Western Balkans and provided financial incentives for the reforms that the countries need to make on their way to the EU. The candidates set their ambitions and are at the top, however, the results are low.

The letters were sent to inform countries where they stand regarding the grace periods for meeting targets by June. The Growth Plan is performance-based, meaning that funds are released upon delivery. They were designed to provide added support and encouragement, and they are serving that purpose well. We know this because we see many reforms being implemented.

EWB: What will happen to the funds that countries are unable to withdraw within the set deadlines? Is the European Commission already considering reallocating funds to those countries that are implementing reforms, such as Montenegro and Albania, which have so far received the highest number of tranches?

MK: Reforms must remain a priority for beneficiaries, so that they can make the most of what the Growth Plan can offer them. The Reform and Growth Instrument is a performance-based instrument where funds are released only when reforms are fully implemented. Our focus is on supporting countries to make the reforms so that they can receive the money.

EWB: You recently spoke about Serbia in the context of the Growth Plan. What are the main obstacles to further distribution of funds to Serbia? Are the judicial laws the only ones that the European Commission considered a step backwards?

MK: Amendments to the judicial laws must be in line with EU standards, and the recommendations of the Venice Commission opinion must be fully implemented. The Commission is continuously assessing whether the relevant conditions for support under EU financial instruments are met. This is part of the normal implementation of these instruments and is applied throughout the process at the stage of each payment request. We continue to support Serbia on its path towards the EU and at the same time, we expect the authorities to uphold and respect effective democratic mechanisms, the rule of law and human rights.

EWB: Your praise for the adoption of a number of electoral laws in the Serbian National Assembly caused numerous reactions in Serbia. The expert community is of the opinion that the adopted laws are cosmetic changes and insufficient to improve electoral conditions. Does the European Commission believe that it is realistic for the upcoming elections in Serbia to be free and fair, and what will be its reaction if this is not the case?

MK: I called the passage of the election laws an “important first step” to supporting free and fair elections. This was not a judgment on how well the laws will work, but rather an endorsement of the direction of the movement they point.

We continue to work closely with the Serbian authorities to adopt two key outstanding laws on anti-corruption and political financing, in line with the recommendations of the Office for Democratic Institutions and Human Rights (ODIHR).

Regarding elections, the proper functioning of Serbia's democratic institutions is at the core of Serbia's EU accession process. Serbia must guarantee appropriate conditions for citizen election observers to carry out their activities in an environment free from pressure and intimidation.

EWB: Last month, an agreement was reached to establish a working group for the drafting of the Accession Treaty of Montenegro. What will the drafting process look like in the near future? Is there currently a legal framework for defining the stricter safeguard clauses that a number of Member States insist on?

MK: The drafting is taking place within the ad hoc working group of the council – EU member states. This is where Montenegro’s place within the European Union will take shape. The working group was only agreed at the end of April, so it is in its early stages. Safeguards are not new to this process and will be put in place during the drafting process, so what they look like will become clearer as the drafting process continues.

EWB: Considering that preparations for the Accession Treaty of Montenegro have begun, can we talk more specifically about the date of completion of the negotiations?

MK: The enlargement process does not work on fixed deadlines because there are many factors that come into play. The first of these is the speed with which countries implement the necessary reforms. The drafting of the accession treaty for Montenegro is an extremely positive step towards the end of the process, but it does not set an end date. Montenegro still has important work to do in the 'foundations' group on the rule of law and the judiciary, and this will require considerable effort before the negotiations are concluded. Montenegro's hard work is bearing fruit and this momentum must be carried forward now in the final stages.

EWB: Albania is another country in the region that has made significant progress. An agreement on IBAR has also been reached. What was decisive for accelerating Albania's process, and do you expect the country to start closing any negotiating chapters by the end of the year?

MK: Member States and the Commission assessed that Albania had fulfilled the interim rule of law requirements. Once a country fulfils its obligations, we in the EU must be decisive, uphold our side of the deal and fulfil the obligations in return.

Albania became the second candidate country, after Montenegro, to reach this crucial stage in the accession process. However, the IBARs are far from the end of the process. In fact, they mark the beginning of the most difficult phase of the negotiations, which is the closure of chapters. With this, we do not work with deadlines, but with results, as we work with Albania to prepare it to join the Union.

EWB: The European Commission always says that enlargement should remain a merit-based process. However, the case of North Macedonia shows that bilateral disputes continue to hinder the process. Do you expect progress in resolving the North Macedonia impasse?

MK: Good neighbourly relations and regional cooperation constitute an essential part of the candidates' European integration process. In the case of North Macedonia, we stand ready to conclude the opening phase of accession negotiations with North Macedonia once it has implemented its commitment to complete the constitutional changes, as set out by EU leaders following their summit in July 2022. It is also crucial that Bulgaria and North Macedonia rebuild mutual trust and restore confidence, and we remain ready to facilitate these discussions.

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