BRUSSELS – According to the findings of newly published European Commission Reports on Western Balkan countries, corruption remains one of the biggest obstacles on the region’s path towards the European Union. During the reporting period, only Montenegro made good progress in the area of the fight against corruption, while no progress was made in North Macedonia. In Albania, Bosnia and Herzegovina, and Serbia, European Commission noted some progress, while Kosovo made limited progress in the fight against corruption.
Even though some countries have adequate legal and strategic frameworks, all countries should aim towards improving track records on the investigation, prosecution and indictment in high-level corruption cases. According to the reports, another issue they have in common is the lack of human resources. Asset confiscation rates in corruption cases are described as low in almost all Western Balkan countries.
Albania – Corruption remains a serious concern
According to the European Commission Report, Albania is between having some level of preparation and a moderate level of preparation and has shown some progress in the are of the fight against corruption.
It is said that the continued implementation of vetting has had a positive impact on the fight against corruption in judiciary. According to the European Commission, the end of vetting of all judges and prosecutors is imminent at first instance with 794 cases closed out of 805.
The Specialised Structure for Anti-Corruption and Organised Crime (SPAK) has continued to produced good results by further advancing in the prosecution and investigation of complex anti-corruption cases, including those involving high-level politicians and officials, as well as cases involving the protection of EU financial interests.
“SPAK’s capacity in financial investigations has increased and the systematic use of financial investigations and asset confiscations has improved. Overall, corruption remains a serious concern and preventive efforts have had a limited impact. The adoption of a broad criminal amnesty law let to 40 individuals convicted by SPAK courts and being fully pardoned and 65 others having their sentence reduced, which raises concern”, report says.
According to European Commission Report, track record in the fight against corruption remained stable.
The institutional framework for the fight against corruption is in place. Its preventive measures need to be improved, and there are issues with its law enforcement aspects.
“The new position of the Minister of State for Public Administration Reform and Anti-Corruption was established in January 2024. The Minister acts as the National Coordinator against Corruption. Her role includes supervising the activities of the General Directorate for Anticorruption (GDAC). However, the GDAC faces challenges with its efficiency. In June 2024, the Council of Ministers adopted a decision to transfer officially the GDAC from the Ministry of Justice to the Ministry of State for Public Administration and Corruption. This decision has not helped tackle existing challenges, especially the need to strengthen the GDAC’s preventive functions and capacity”, report says.
The Commission’s recommendations from last year were partially implemented and remain mostly valid. In the coming year, Albania should in particular: strengthen the investigation, prosecution, adjudication and final conviction of corruption cases, in particular at high level, including the final confiscation of criminal assets; adopt and effectively implement anti-corruption strategy and the accompanying action plans, including comprehensive risk assessments for vulnerable sectors, effectively implement integrity action plans in those state authorities most prone to corruption, such as the State Cadastre Agency and fully address the recommendations of the Council of Europe’s Group of States against Corruption (GRECO).
Bosnia and Herzegovina: Progress in tackling high-level corruption needs to be seriously stepped up
European Commission assessed that Bosnia and Herzegovina is in between an early stage of preparation and having some level of preparation in the fight against corruption. Some progress was made during the reporting period.
According to the report, the state-level Law on the prevention of conflict of interest, adopted in March 2024, is a substantial step forward, although it is not yet fully in line with European standards. Report recalled that in June 2024, Bosnia and Herzegovina adopted a state-level strategy and action plan on anti-corruption.
It is said that in BiH legislation is still not harmonised across the country. “Selective and non-transparent judicial follow-up in corruption (including high-level corruption) remains weak due to operational inefficiency and political interference.
Prosecutors’ offices however convictions in high-level cases remains very low, one notable exception being the final convictions in the Novalić et al case.
“Only in Sarajevo Canton is there efficient application of conflict of interest rules, verification of asset declarations and protection of whistle-blowers.Targeted risk assessments and dedicated measures are needed to address corruption in the most vulnerable sectors”, report says.
When it comes to track record, European Commission report says that there were no changes in the reporting period, and efforts remained insufficient to establish track record of proactive investigations, prosecutions and final convictions. Progress in tackling high-level corruption needs to be seriously stepped up.
According to the European Commission in the coming year, Bosnia and Herzegovina should in particular: complete the legislative and institutional framework and step up implementation of the rules on prevention of conflict of interest and on the protection of whistle-blowers by adopting new legislation in line with European standards at all levels of government and aligning existing legislation with them; demonstrate progress towards establishing a track record on fighting high-level corruption; improve cooperation between police and prosecutors’ offices; professionalise corruption prevention bodies across the country.
Kosovo: Stronger commitment to establish a solid track record in fighting high-level corruption remains necessary
Kosovo is between an early stage of preparation and having some level of preparation in fighting corruption, and made limited progress overall.
Report recalls that the Assembly of Kosovo adopted the Law on the special prosecution office (SPO) to strengthen the criminal justice response to high level corruption cases. According to the European Commission, there was some progress in adjudicating corruption cases, which resulted in a greater number of final court decisions and convictions.
“Nevertheless, results are affected by a shortage of resources and capacity and by a lack of impartiality and accountability in the prosecution service and the judiciary”, report says.
According to EC, stronger commitment to establish a solid track record in fighting high-level corruption remains necessary, including by strengthening the use of anti-corruption tools such as asset declarations and public institutions’ integrity plans.
The Commission’s recommendations from last year were partially implemented and remain largely valid.
According tot he European Commission in the coming year, Kosovo should, in particular further strengthen the capacity of Agency for the Prevention of Corruption (APC), in terms of staff and expertise, to ensure it can carry out its mandate effectively; further implement existing anti-corruption legislation; adopt a national strategy and action plan against corruption of for 2024-2027 in line with European best practices and standards; strengthen the quality of investigation in high-level corruption cases, by increasing the capacity of the Special Investigative Unit of the police and ensuring its effective cooperation with the SPO.
Montenegro: EC recommendations from last year largely met
Montenegro is between having some level of preparation and a moderate level of preparation in the area of the fight against corruption. Good progress was made on key reforms and last year’s recommendations.
According to the European Commission, the strategic framework has improved with the adoption of a new 2024-2028 Anticorruption Strategy, aiming to align it with the European and International standards, by addressing prevention and repression of corruption, as well as international cooperation. EC Report says that the legal framework was substantially upgraded with the adoption of a new Law on Prevention of Corruption and amendments to the Law on Confiscation.
EC underlines that the track record on fighting corruption remained stable. The track record regarding investigations and prosecutions in cases of high-level corruption remained stable and needs to be further consolidated. The track record on preventing corruption improved in quantitative terms. In 2023, the Agency for the Prevention of Corruption (ACA) received the highest number of income and assets declarations compared to previous years, an increase of 11.5%. The growth is due to an increased number of newly appointed public officials, as well as a higher number of declarations submitted on termination of office.
Report underlines that the Commission’s recommendations from last year were largely met. However, In the coming year, Montenegro should, in particular: ensure full and effective implementation of the improved strategic and legal frameworks to address existing challenges, and continue its alignment with the EU acquis and European standards on prevention and fight against corruption by addressing the remaining recommendations from the European Commission, the Venice Commission and the Council of Europe Group of States against Corruption (GRECO) and peer review missions, including on its institutional set up and effective functioning; further improve the track record on corruption, including high-level corruption, by urgently strengthening the effective enforcement of the existing criminal legislation by the prosecution and courts, including by imposing effective and deterrent penalties; urgently amend Law on financing of political entities and election campaign to address the existing shortcomings and bring it fully in line with European standards, to substantially increase transparency and control of the spending of political parties, and prevent the abuse of state resources, including through dissuasive sanctions.
North Macedonia: Track record in the fight against corruption has worsened
North Macedonia is between having some level of preparation and a moderate level of preparation and made no progress in the prevention and fight against corruption. Corruption remains prevalent in many areas and is an issue of serious concern.
According to the European Commission Report, the institutional framework in North Macedonia for the fight against corruption is in place and is satisfactory in terms of preventive measures.It is added that strategic documents have been adopted and the level framework for the fight against corruption is in place but needs to be improved, both in terms of preventive measures and law enforcement.
“However, improvement is needed on law enforcement. The newly composed State Commission for the Prevention of Corruption (SCPC) started its mandate on 8 February 2024. It is critical that it acts with the highest level of professionalism, integrity, and independence. It needs to continue to provide proactively policy guidance to prevent corruption, and to work in an inclusive and transparent manner”, European Commission says.
European Commission underlines that track record in the fight against corruption has worsened. There are still concerning patterns regarding an increasing number of delays in court proceedings and an increase in reversals of court rulings on corruption and organised crime.
“The most frequent reasons for postponement include the absence at the court proceedings of defendants or defence counsel and prosecutors – mainly for health reasons, and members of trial panels when these are appointed to another court. Judges and prosecutors must proactively and efficiently manage their cases to ensure timely justice. Judicial accountability should be ensured in this respect”, EC says.
The Commission’s recommendations from last year were not fully addressed and therefore remain valid. According to the EC, in the coming year, North Macedonia should in particular: adopt a new Criminal Code in line with EU acquis and international standards; improve its track record in high-level corruption cases – with timely, professional, and transparent proactive investigations, prosecutions, final convictions, and recovery, including confiscations of criminal assets, value-based confiscations, extended confiscations and third-party confiscation; improve the implementation of the national strategy for the prevention of corruption and conflict of interests and also the GRECO’s recommendations; allocate sufficient human and financial resources, including financial experts to the Office of the Basic Public Prosecutor for Organised Crime and Corruption to ensure effective accountability in high-level corruption cases.
Serbia: Further improvement track record on investigations is needed
According to the European Commission, Serbia is between having some level of preparation and a moderate level of preparation in the fight against corruption. Overall, some progress has been made during the reporting period on last year’s recommendations.
European Commission recalled that Serbia adopted new anti-corruption strategy 2024-2028 in July 2024.
“Serbia still needs to adopt and begin implementing the accompanying action plan. On the recommendations by the Group of States against Corruption (GRECO), Serbia reported, in December 2023, on the recommendations of the fifth evaluation round. GRECO has assessed that of the 24 recommendations, one recommendation has been fully met, and 10 have been partially met”, Report says.
There are improvements in establishing a track record for the fight against corruption. The number of final convictions in high-level corruption cases in 2023 increased compared to previous years. The Prosecutor’s Office for Organised Crime ordered investigations against more individuals and there was a greater number of indictments issued.
For the first time since 2019, one case resulted in the final confiscation of illegally acquired assets. Regarding the confiscation of property gain based on the Criminal Code, there were nine such cases. Serbia should address weaknesses in the investigation and prosecution of high-level corruption cases, in particular on the quality of evidentiary collection and presentation and risk of politically motivated interference.
The Commission’s recommendations from last year were partially implemented and remain valid. In the coming year, Serbia should in particular: further improve its track record on investigations, prosecutions and final court decisions in high-level corruption cases, in particular the seizure and confiscation of criminal assets; address all GRECO recommendations, in particular from the fifth evaluation round; adopt and implement the anti-corruption action plan accompanying the new anti-corruption strategy and establish an effective monitoring and coordination mechanism to track progress, while focusing on all relevant interim benchmarks and GRECO recommendations.
This article was published as part of the project “Civil society for good governance and anti-corruption in southeast Europe: Capacity building for monitoring, advocacy and awareness-raising (SELDI)” funded by the European Union