Thewesternbalkans
Basic developments.
October 2007: The EU-Montenegro Stabilisation and Association Agreement is signed and enters in to force provisionally.
December 2008: Montenegro submits its application for EU membership.
December 2009: Visa-free travel to Schengen area for citizens of Montenegro.
May 2010: The Stabilisation and Association Agreement enters into force.
December 2010: The European Council grants Montenegro candidate status for EU membership.
June 2012: The accession negotiations are formally opened at the first Intergovernmental Conference.
By June 2020, all 33 screened chapters have been opened, three of which are provisionally closed.
November 2023: The Commission adopts a new Growth Plan for the Western Balkans.
In its Report on the state of play of the accession process with Monte Negro, issued on 8 of November 2023, the European Commission has pointed out following main conclusions:
“Concerning political criteria, the reporting period was marked by tense and confrontational positions leading to a blockage of the political system.
The political situation was dominated by a caretaker government that did not have the confidence of the Parliament and a Parliament unable to assemble a clear and consistent majority to take forward reforms. Moreover, the boycott by large sections of the Parliament affected its work.”
The Commission thinks that there was no effective political dialogue and constructive engagement by political parties with a view to enhancing parliamentary accountability and government oversight. There was a lack of direction on EU accession issues, in particular following the resignation of the Minister of EU Affairs. On several occasions, the Government and/or the Parliament chose to ignore recommendations of the European Commission and/or the Venice Commission.
Adoption of the Act on Parliament that would regulate relations between the Parliament and the executive is pending.
As regards governance, the Report sad that “the government has carried out its duties in a caretaker capacity since August 2022 and with limited accountability, due to the inability of the political system to form a new government or proceed to early elections. In February 2023, the caretaker government adopted its Annual Work Programme for 2023. Overall, transparency of governance remained an issue and the government frequently resorted to the procedural option of adopting decisions without formally holding a government session. Both Presidents in function during the reporting period refused to sign legislation adopted following the dissolution of the Parliament”.
The role of civil society is recognised and promoted. However, the legal and institutional framework regulating cooperation between state institutions and civil society needs to be improved. Politicians – including at the highest level – frequently denigrated the work of civil society organisations and isolated cases of verbal attacks were reported. The Council for Co-operation of State Bodies and Non-Governmental Organisations has not resumed its work.
Following the Report, “Montenegro is moderately prepared in the area of public administration reform. Overall, limited progress was made. A new public finance management reform programme was adopted, and its implementation was started. Montenegro remains moderately prepared to apply the EU acquisand European standards in the area of judiciary and fundamental rights but made limited progress overall. No progress was achieved in justice reform, the most challenging area of the rule of law to date. The judicial system continued to face a deep institutional crisis, resulting in weak leadership and management, lack of strategic vision and poor planning, affecting the country’s ability to deliver justice. In addition, the system remains affected by issues of accountability, among other weaknesses”.
Montenegro continues to meet its obligations on fundamental rights under international human rights instruments and legislation. The Law on the Judicial Council and judges and the Law on State Prosecution Service remain to be amended in line with the EU acquisand European standards. Full and effective protection of journalists and other media workers continues to improve, yet tangible results on old cases of attacks have yet to be achieved.
Montenegro has achieved some level of preparation in the fight against corruption. Limited progress was achieved. Corruption, including high-level corruption, remains an issue of concern and is prevalent in many areas, including in state structures.
As regards the fight against organised crime and high-level corruption, the Special Prosecution Office acted with alacrity in launching several high-profile investigations, that appear to point to a deep infiltration of corruption and organised crime into state structures, including at the top level of the judiciary and law enforcement.
In the area of fundamental rights, the legislative and institutional framework is largely in place and Montenegro continues to largely meet its international obligations on human rights. However, additional efforts are needed to fully implement this framework.
Montenegro has a pluralistic and diverse media landscape and has some level of preparation in the area of freedom of expression. Overall, limited progress was achieved.
On the economic criteria, Montenegro has made limited progress and is moderately prepared in developing a functioning market economy. The economic expansion continued at a robust pace in 2022, supported by private consumption and strong growth in tourism. Headwinds came from inflationary pressures on the back of higher global commodity prices. The current account deficit increased as both exports and imports expanded rapidly. An expansionary fiscal policy fuelled domestic demand and contributed to very high net wage growth. The budget deficit increased significantly and a comprehensive medium-term consolidation plan to address mounting fiscal challenges has not been developed. The labour market situation improved, but structural problems persist, including large regional disparities and gender gaps, informality and high youth and long-term unemployment. The banking sector remained well capitalised and liquid. The number of new businesses increased, but efforts to improve the business environment and the governance of state-owned enterprises slowed down due to political uncertainty.
One of the conclusions is that, “Montenegro has made some progress and is moderately prepared to cope with competitive pressure and market forces within the EU.”
The education system faces numerous challenges, as shown by the results of international tests. Although public financing for research and development remains modest, some progress was made in attracting private investors. Efforts to advance a green and digital transition have continued, but large infrastructure gaps persist, as the administrative and financial capacity to identify, prioritise and implement major public investments remains limited, hampering the use of EU support. Montenegro made progress on statistical methodology and transmission of data to Eurostat and the strategic framework forfinancial control. Montenegro should now focus on aligning its statistics with the European System of Accounts and strengthening budget inspection and managerial accountability in public administration.
Montenegro is moderately prepared / has a good level of preparation in the area of public procurement. In 2022, some progress was achieved in aligning with the EU acquis and in further improving the functioning of the electronic procurement system.
Regarding good neighbourly relations and regional cooperation, Montenegro remained committed to promoting good bilateral relations with other enlargement countries and neighbouring EU Member States. Montenegro is generally an active participant in regional cooperation.
Concerning Montenegro’s ability to assume the obligations of membership,important work on alignment and preparation for the implementation of the EU acquis took place in many areas, albeit at a much slower pace than anticipated.
The European Commission thinks that the internal market cluster is key for Montenegro’s preparations to meet the requirements of the EU’s internal market and is of high relevance for possible early integration measures and the development of the Common Regional Market. Progress was achieved on market surveillance, accreditation and standardisation; intellectual property rights and the adoption of a new national comprehensive strategy on intellectual property; State aid transparency; banking; and consumer and health protection. Montenegro should now focus on aligning its legislation with the EU acquis on standardisation; strengthening the Employment Agency; continuing to alignment with the EU Services Directive; enforcing the new postal market rules; stepping up progress on developing qualifications for regulated professions; accelerating progress on electronic company registration, capital movements and payments, including on the acquisition of property rights; adopting a new company law and a corporate accounting law; further aligning its legislation with the EU acquison intellectual property; adopting the roadmap concerning the closing benchmarks in the area of competition and State aid and further progress on State aid cases including complex ones; ensuring consumer protection and health protection; and implementing the laws aligning its legislation with the EU acquis in the insurance and capital markets sector.
The competitiveness and inclusive growth cluster has significant links to Montenegro’s Economic Reform Programme. Progress was made on tobacco control, pensions, industrial policy, the operationalisation of the Innovation Fund, taxation, and trade facilitation. In the area of economic and monetary policy, work to implement the action plan for alignment with the EU acquisis ongoing.
The green agenda and sustainable connectivity cluster has significant links to Montenegro’s Economic Reform Programme, the Commission’s Economic and Investment Plan and the Green Agenda for the Western Balkans. Progress was made in creating a day-ahead energy market and on port state control, but progress was limited concerning environment and climate change.
The resources, agriculture and cohesion cluster comprises policies linked to EU Structural funds and Investment funds and developing the capacities to assume the responsibilities of a future EU Member State. Progress was made in the area of agriculture and rural development through the adoption of a new Strategy, food and fisheries and aquaculture, regional policy and structural instruments, financial and budgetary provisions.
One of the most important conclusions is that “in the external relationscluster, Montenegro continued to fully align with all EU common foreign and security policy (CFSP) positions, declarations, and common positions, including sanctions. It also continued to implement measures under the Common Regional Market based on EU rules, including by cooperating under the Central European Free Trade Agreement (CEFTA) and the Regional Cooperation Council.”
Strengthening the administrative capacity to apply the EU acquis remains an important challenge for Montenegro, including the urgent need to re-stabilise a functional negotiating structure.
In the area of migration, legal labour migration to Montenegro continued to increase. The EU-Montenegro readmission agreement with EU Member States continued to be implemented satisfactorily. Montenegro and the EU signed a new status agreement in May 2023, enabling European Border and Coast Guard Agency (Frontex) deployments anywhere on the territory of Montenegro. Steps were taken to further align Montenegro’s visa policy with the one of the EU, although further efforts are needed in this regard. Montenegro must continue its efforts to cope with migratory pressure, by developing its international cooperation on readmission, raising its capacity to prosecute migrant smuggling networks; and setting up a modern migrant data collection system. The economic citizenship scheme was. The investor citizenship scheme was phased out at the end of 2022.
Comments: The report on Montenegro seems critical, but this is because Montenegro is the most serious candidate for EU membership by 2030. The current post-war situation in the country is not much to the taste of European officials, but Montenegro is the most advanced in the negotiations, making it the leader of the group of countries of the Western Balkans. In geopolitical terms, Montenegro is the least troubled country. Moreover, as a population and territory, it does not represent a problem for integration. It remains to be seen how far the new government will continue the reform efforts, as well as not allowing a change in its foreign policy. However, NATO membership provides certain guarantees for its stability and commitment to Euro-Atlantic values.
