MEL Workshop – “Reflections on the EU Rule of Law Mechanism and its future application in the Western Balkans accession countries”, 13 March 2024

The Rule of Law Mechanism workshop, convened on Wednesday, March 13, 2024, featured two panels dedicated to the topic. Regional and EU experts, alongside civil society actors, participated in the workshop, offering their insights and perspectives on bolstering the rule of law in the Western Balkan accession countries.

First Panel Discussion “European best practices for the implementation of the EU Rule of Law Mechanism in the Western Balkans accession countries”

Mr. Gledis Gjipali, Executive Director of European Movement in Albania, set the tone for the first panel session by posing a crucial question regarding the level of participation of civil society actors in EU mechanisms and its implications for the advancement of Western Balkan countries. He put an emphasis the need for active engagement and collaboration between civil society and EU counterparts to ensure the effective implementation of integration mechanisms in the region. Mr. Gjipali drew attention to the importance of learning from EU practices and utilizing them as indicators for the Western Balkan countries to effectively apply similar mechanisms and advance in the EU integration process. By articulating the role of civil society and the significance of aligning with EU standards and practices, Mr. Gjipali concluded by pointing out the importance of leveraging existing frameworks and partnerships to drive progress in the region.

Mr. Peter Čuroš, Lawyer at VIA IURIS; Research Assistant at the Polish Academy of Sciences in Warsaw; Coordinator of the Civil Platform for Democracy, commenced his speech by challenging the “one size fits all” approach, asserting that it lacks suitability for each state and diminishes transparency. Drawing from the Slovak context, Mr. Čuroš highlighted Slovakia’s commitment to transparency by ensuring that approved decisions are published. He discussed the Slovak Constitutional Reform of 2020, noting that while it was not universally perceived as an attack, it did bring significant changes, including the dismissal of high-ranking officials such as the President and Vice-Presidents of the Slovak Police Force, and proposals to abolish or alter key institutions like the Special Prosecution Office and the Whistleblower Protection Office. Mr. Čuroš emphasized the role of civil society in supporting state institutions, advocating for their active participation in legislative procedures and functioning as watchdogs to ensure accountability and transparency in governance. His remarks shed light on the complexities and challenges within the Slovak context, while also highlighting the vital role of civil society in promoting democratic principles and upholding the rule of law.

Mr. Marko Todorović, Researcher, European Policy Centre in Serbia, provided a detailed analysis of his research findings during the workshop. Based on the reports from 2020, Mr. Todorović and EPC worked to derive conclusions, identifying five key pillars from this present study. He highlighted the varying approaches taken by the EU Commission in presenting topics, noting that some are thoroughly covered while others are entirely omitted. Mr. Todorović urged the need for more substantive information in the reports, rather than mere descriptions, to facilitate better understanding and assessment. Notably, he pointed out that North Macedonia received the highest rating for parliamentary functioning, while Serbia scored the lowest in this regard, indicating disparities among Western Balkan countries. His presentation shed light on crucial aspects of the rule of law mechanism and provided valuable insights for further discussions and actions aimed at strengthening governance and legal frameworks in the region.

Mr. Nikola Jazadjiski, European Movement in North Macedonia, delved deeper into the crucial concern of the rule of law in the region. He raised a significant concern regarding the apparent lack of substantial progress in addressing this core issue, despite the repeated recommendations from the European Commission. Jazadjiski’s emphasis on this point underscores a growing skepticism regarding the effectiveness of current approaches and the overall trustworthiness of the process. By highlighting the repetition of recommendations without tangible advancements, Jazadjiski points to a critical need for reassessment and reinvigoration of strategies to address the rule of law effectively. The failure to make meaningful progress in this regard not only undermines the credibility of the integration process but also calls into question the commitment to fundamental European values. Despite these concerns, Jazadjiski acknowledged a positive aspect of the process, namely, the inclusion of Western Balkan countries. This recognition underscores the importance of regional cooperation and engagement in driving forward the integration agenda.

Second Panel Discussion “Western Balkans Growth Plan – New Regional Initiative and  New Challenge for Civil Sector Organizations”           

Mrs. Bojana Selakovic, Coordinator of the National Convention on the EU in Serbia, in her address, offered insights into the consultation process between the EU and CSOs in the region, particularly regarding the implementation of the Growth Plan. Selakovic highlighted the significance of this consultation, emphasizing the role of CSOs in providing tangible input and perspectives on various aspects of the plan. Selakovic pointed out there appears to be an underrepresentation of CSOs in the consultation process. Moreover, Selakovic raised an important question about accountability and transparency in the process. She emphasized the need for clarity on who is responsible for providing transparency and ensuring that the allocation of funds is conducted appropriately. In this capacity, CSOs can contribute valuable insights, advocate for transparency and accountability, and help ensure that funds are allocated effectively and in alignment with the objectives of the Growth Plan.

Mrs. Mileva Gjurovska, Coordinator of the National Convention on the EU, North Macedonia / President, European Movement in North Macedonia, provided her insights into the implementation of the Growth Plan and its four pillars. Gjurovska’s remarks reiterated the importance of adopting a comprehensive approach to inclusion in the implementation process. This inclusive approach reflects a recognition of the complexity of regional integration efforts and the need to engage diverse stakeholders to ensure their success. Moreover, Gjurovska focused on the significance of implementing reforms related to the Cluster 1 – Fundamentals, noting that they will serve as crucial push factors for receiving the funds allocated by the new strategy and mechanism outlined in the Growth Plan. In conclusion, she stressed that collaborative efforts among countries in the Western Balkans are vital for overcoming common challenges, leveraging shared resources, and maximizing the benefits of regional integration initiatives.

Mr. Geron Kamberi, Expert on European Integration in Albania, provided a nuanced perspective on the implications of the Growth Plan for the Western Balkans, particularly focusing on economic convergence with the EU market. He clarified that while the plan holds promise for enhancing economic ties with the EU, significant questions remain regarding how the Western Balkan countries will navigate this process. Kamberi drew parallels between the Growth Plan and the Instrument for Pre-Accession Assistance (IPA), noting similarities in their approach of providing financial assistance in exchange for reforms. He prioritized the ultimate objective of establishing a common regional market, akin to the structure of the EU itself. However, Kamberi also pointed out that the funding mechanism for the Growth Plan is merit-based, implying that countries must demonstrate progress on agreed-upon reforms to access financial assistance. In conclusion, Kamberi urged to strengthen the accountability of CSOs in the monitoring mechanism both before and after the approval of funds. This emphasis on accountability reflects a broader commitment to transparency and good governance in the utilization of financial resources.

Mr. Stefan Ristovski, Researcher, Institute for European Policies in North Macedonia, in his speech provided an insightful analysis of recent developments within the EU and their implications for the Western Balkans, particularly in light of the French veto and EU’s reaction demonstrating a renewed determination to address pressing issues within the region. Ristovski questioned the extent to which the EU has recognized and incorporated the CSOs’ ideas into its policies and initiatives, underscoring the need for greater acknowledgment and engagement with CSOs. Unlike previous iterations where the focus was primarily on governmental institutions, Ristovski noted that private institutions were now being included within the Berlin Process, indicating a concerted effort towards bottom-up preparation within the Growth Plan framework. To conclude, he raised concerns regarding the lack of transparency and systematic inclusion in the drafting of reform agendas, emphasizing the need for greater openness and inclusivity in the policymaking process.

The participants demonstrated significant interest and engagement in the discussed topics, particularly concerning the potential incentives for countries implementing reforms and the involvement of CSOs in ensuring quality and consistency in follow-up reports, especially in the rule of law field. Participants sought clarification on how the government intends to enhance transparency in this process, reflecting a broader commitment to good governance and responsible fiscal management.