BERLIN – The rule of law must remain a central part of the accession negotiations for candidate countries seeking EU membership and an integral part of the Berlin Process, it was stated at the panel “Rule of Law and Fighting Corruption.”
One of the conclusions from the panel, held as part of the Civil Society Forum in Berlin, is that the economic benefits countries gain from regional cooperation cannot be fully realized without an effective fight against corruption and a strong rule of law.
Reinhard Priebe, Chair of the Senior Experts’ group on rule of law issues, which prepared reports on the rule of law situation in North Macedonia (2015, 2017) and Bosnia and Herzegovina (2019), said that the rule of law is a fundamental value of EU treaties, which is why it is an important criterion for candidate countries from the beginning of the enlargement process.
According to him, the fact that the rule of law is a broad and unclear notion, as well as the fact that the EU itself and some member states are facing increasing problems with the rule of law, complicates the homework in this area for Western Balkan countries.
“These facts did not help make the process easier. The EU realized that we made some mistakes in the past and that we should be very diligent with new candidate countries,” Priebe said.
He assessed that it is good that the European Commission has started to publish rule of law reports for the four candidate countries in the Western Balkans, just as it does for EU member states.
He warned that there is a risk that the EU’s approach may not be the same for every candidate country.
“With those countries that still have open political issues, the EU might be more hesitant to confront them on the rule of law. I believe the whole issue should be communicated differently. Because reforms in this area are not something to be done to please Brussels, they should be done in the interest of the citizens and the economy,” Priebe said.
Nemanja Nenadić, Program Director at Transparency Serbia, said that the EU has the power to do a lot in the region when it comes to the rule of law, adding that the EU should change its practice and communication.
“First of all, EU political leaders and politicians should change the way they communicate. One example is the messages following the EC Progress Report, where EU politicians and leaders quite frequently say that countries have some problems with the rule of law, but the economic results are good. You either have the rule of law, or you don’t. You cannot compensate for that with economic results,” Nenadić said.
According to him, the EU should stop trying to please leaders in the region just to keep them on the EU track because the Balkans have no alternative.
“Some would say Russia or China, but there is no visible path for any Balkan country to become part of Russia or China. Everyone is aware of that, even those who oppose EU integration”, Nenadić underlined.
Desislava Gotskova, Head of the Secretariat for the Regional Anti-Corruption Initiative (RAI), said during the panel that 25 years ago, countries in Southeast Europe recognized the importance of the fight against corruption.
“The fight against corruption is extremely important because corruption poses a real threat to state institutions, democracy, and economic growth. It is crucial to keep this issue in focus,” Gotskova said.
She emphasized that RAI strongly supported the introduction of the rule of law as a topic within the Berlin Process, adding that civil society organizations (CSOs) play a very important role in providing oversight and monitoring processes and policies, as well as their effectiveness.
Vigan Qorrolli, Deputy Minister of Justice, stated that the Kosovo government has made significant efforts in the past period to build a legal infrastructure aimed at achieving visible results in the field of the rule of law, especially in the areas of judicial independence and the fight against corruption.
According to him, the Government of Kosovo has adopted a Reform agenda, within the Growth Plan, with many of the planned reforms focusing specifically on these areas.
He recalled that in 2021, the Government of Kosovo adopted the Rule of Law strategy for the period 2021-2026, with 95% of the planned reforms implemented in the first three years.
“It is necessary to restore citizens’ trust in the judicial system and justice. The judiciary must be free from political influence, and the Government of Kosovo is working on this. We must create an environment in which the judiciary and prosecution work on a professional, not a political, basis,” Qorrolli concluded.