Thewesternbalkans
The European Commission for the first time proposed to the European Council to start negotiations with Bosnia and Herzegovina on 08.11.2023, but on the condition that the necessary degree of compliance with the membership criteria is achieved. Four months later, on 12.03.2024, the Commission considers that Bosnia and Herzegovina has achieved the necessary level of compliance with the membership criteria, and recommends to the Council to open accession negotiations with Bosnia and Herzegovina. European Union leaders on March 21 approved opening accession talks with Bosnia and Herzegovina.
“Since we granted candidate status (15.12.2022), Bosnia and Herzegovina has taken impressive steps forward, said Ursula von der Leyen, President of the European Commission. This is the reason for which we recommend to the Council to open accession negotiations with Bosnia and Herzegovina. And for which we recommend that the Council adopts the negotiating framework once Bosnia and Herzegovina has taken further steps in line with the Commission’s report“.
Sarajevo has been waiting for this decision for a long time – in 2016, the country submitted an application to join the EU. But it’s still too early to celebrate. Albania has been a candidate since 2014, Serbia since 2012, Montenegro since 2010, and the Republic of North Macedonia since 2005. BiH is the last of the five Western Balkan countries to have green light to start formal negotiations. However, it is not excluded that BiH will receive additional conditions, considering the incompleteness of the constitutional and electoral reforms.
The Report on the state of play of the accession process with Bosnia and Herzegorvina, issued on 8 of November 2023 by the European Commission, has pointed out the following main conclusions, that outline BiH’s long path towards European integration:
– Constitutional and electoral reforms are still needed to bring the Constitution into line with the European Convention on Human Rights;
– No steps were taken to develop socio-economic reforms in line with Commission recommendations;
– Some progress was made on the alignment with the Common foreign and security policy (CFSP);
– Following the Report, Bosnia and Herzegovina is at an early stage of preparation and made some progress on public administration reform;
– Bosnia and Herzegovina is at an early stage of preparation as regards its judiciary;
– The independence and impartiality of the judiciary did not improve;
– Bosnia and Herzegovina is between an early stage and some level of preparation in the prevention of and fight against corruption and organized crime;
– The EC outlined that as regards economic criteria, Bosnia and Herzegovina is at an early stage of establishing a functioning market economy;
– Bosnia and Herzegovina is between an early stage and some level of preparation in terms of capacity to cope with competitive pressure and market forces in the EU, and made limited progress in this area;
– Bosnia and Herzegovina is in between an early stage and some level of preparation in its ability to take on the obligations of EU membership;
On the other hand, the 45.5 million euros allocated so far under the Pre-accession instrument (IPA) are insignificant compared to the money allocated for the rest of the WB countries, as well as for some of the countries of the Eastern Partnership.
Comments:
The decision to start the negotiations was made with the strong lobbying of the so-called group of friends of BiH (Austria, Croatia, Italy, the Czech Republic, Slovakia, Greece, Slovenia), with the argument that it was based on the principle of the country’s own merits. At the other pol were Denmark and the Netherlands, where there are political forces pushing for a postponement of the negotiations with BiH.
Indeed, in recent months BiH adopted seven key laws, fully acceded to the EU’s common positions on the CFSP, and is about to start negotiations on an agreement with Frontex.
The EU carefully balances its approach to the candidate country so that, along with encouraging messages, it retains tools for effective influence and enforces the fulfillment of the conditions already set.
The Council’s decision to start negotiations with BiH is a sign of the EU’s changed attitude towards the Western Balkans. Geopolitical rifts displaced enlargement fatigue and forced European leaders to adopt a more dynamic policy regarding the integration process of the Western Balkan countries. Enlargement is increasingly becoming a geostrategic investment by the EU.
The Council’s decision has a large share of political reason, consisting in the desire that BiH does not fall behind the other countries of the Western Balkans on the path of European integration and to narrow the space for influence by third parties. The country is at a historic moment that requires a positive message from the EU and additional momentum for reforms.
It is clear that there is a large volume of activities that Sarajevo should carry out in order to fulfill the criteria for EU membership. The decision to start negotiations is actually the beginning of a very long process. The next step in the process, the adoption of the negotiating framework, will most likely be accompanied by clear additional conditions considering the incompleteness of the constitutional and electoral reforms in the country, that should not be left unfulfilled.
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