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 1. Legislative framework for elections, strengthen the Parliament’s legislative

and oversight role.2. PAR, enhancing professionalism and de-politicization of public

administration and to strengthening a transparent, merit-based approach to appointments and promotions.

3. Strengthen rule of law, de-politicized and merit-based appointments of members of the judicial and prosecutorial councils and of state prosecutors

4. 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.

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

6. Enhance media freedom and strengthen cooperation with civil society.7. 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 acquis1. Free movement of goods2. Freedom of movement for workers3. Right of establishment and freedom

to provide services4. Free movement of capital5. Public procurement6. Company law7. Intellectual property law8. Competition policy9. Financial services10. Information society and media11. Agriculture and rural development12. Food safety, veterinary and

phytosanitary policy13. Fisheries14. Transport policy15. Energy16. Taxation 17. Economic and monetary policy

18. Statistics19. Social policy and employment20. Enterprise and industrial policy21. Trans-European networks22. Regional policy and coordination of

structural instruments23. Judiciary and fundamental rights24. Justice, freedom and security25. Science and research26. Education and culture27. Environment28. Consumer and health protection29. Customs union30. External relations31. Foreign, security and defense policy32. Financial control33. Financial and budgetary provisions34. Institutions35. Other issues

Obim propisa po poglavljima Acquisa (sektor 3)

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Obim propisa po poglavljima Acquisa (sektor 3)

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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 1. Chapter 5: Public procurement2. Chapter 6: Company law 3. Chapter 20: Enterprise and industrial policy

4. Chapter 23: Judiciary and fundamental rights5. Chapter 24: Justice, freedom and security

6. Chapter 25: Science and research (temporary closed)7. Chapter 26: Education and culture (temporary closed)

8. Chapter 7: Intellectual property law9. Chapter 10: Information society and media

10. Soon: Chapter 4: Free movement of capital11. Soon: Chapter 31: Foreign, security and defence policy12. 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

Transition Process and Capacity Building (TPCB)1. Democracy and Governance2. Judiciary and Fundamental Rights

Regional Development 3. Transport5. Environment 6. 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

Thank you.