The EU perspective toward the Western Balkans has remained undisputed, but especially since it endorsed accession for the region at the Thessaloniki Summit in 2003. Besides Serbia, where Euroscepticism is not a new phenomenon, the rest of the countries from the region have been gazing toward EU accession with strong backing from local populations.

Acknowledging such a fragile situation on the ground, this input paper explores pertinent questions regarding the future of the EU in the Western Balkans and vice versa. After providing a brief overview and analysis of the current state of the enlargement process, the paper will explore how the impact of the recently revised enlargement methodology can be maximised. Moreover, it will discuss opportunities for deepening the ties between the EU and the region, going beyond the formal accession process and procedures. By engaging in out-of-the-box thinking and searching for solutions outside the mainstream bubble, the paper will offer directions for changing the dysfunctional status quo. It should be noted, however, that the purpose of this paper is not to provide final and detailed solutions to the identified problems.

Rather, its purpose is to instigate debate and formulate issues to be subsequently addressed with policy recommendations by Think for Europe – TEN experts participating at the Civil Society & Think Tank Forum organised by the German Aspen Institute in cooperation with Southeast Europe Association.

The publication can be downloaded here.

The European Commission’s 2020 Report on Albania continues to echo concerns on the overall scope of democratic deficit and polarized political environment; those same concerns shared by the European Council in March this year and part of the 15 criteria that Albania needs to fulfil in order to start EU accession talks. 

Albania submitted its formal application for EU Membership in April 2009. Nevertheless, the prospect of starting negotiations talks hit a 6-year plateau, as persistent lack of political consensus, continuous calls for “free and fair” elections, as well the Commission’s vocal concerns over “selective justice and corruption” were jeopardising its progress. 

Ultimately, the Member States and European Union are vindicated from potential delays as the criteria have been unanimously defined. The Albanian government will have none to blame but its own lack of results, should the first intergovernmental conference be postponed after the upcoming parliamentary elections.

The necessity for democratic consolidation

Albania continues to show insufficient progress in fulfilling the recommendations given by the monitoring mission OSCE/ODIHR on ensuring free and fair elections, with the integrity of the electoral process, eliminating the longstanding problem of misuse of administrative resources and voter pressure being at the top of the agenda.

Unfortunately, the 2019 Local Elections were again accompanied with hostility, as the opposition refused to participate, accusing the governing party of lack of electoral transparency and voter buying. In the midst of political chaos, the Albanian citizens, who once more did not have the opportunity to experience a “free” election by not having much of a choice in the voting candidate, boycotted the election through a substantial number of blank votes and an overall low voter turnout of just 21.6%. This election, much to the fate of the 2015 elections, was followed by reoccurring protests organised by the opposition party, oftentimes violent and directed to the state institutions that ignited the political turmoil and unrest in the country.

The same polarised climate held Albania back in the advancing of the Electoral Reform, which aimed to reduce the encountered “technical” issues such as voter registration, counting of votes, and electoral administration for quite some time. After considerate lack of communication and cooperation between the main parties, with the opposition oftentimes boycotting the agreements the reform passed on June 5^th 2020. Although a step in the right direction, the reform was yet unable to meet the majority of the requirements made by OSCE/ODIHR.

Corruption in the judicial branch

While the Albanian parliament has passed several reforms and implemented laws that aimed to eradicate corruption in the state apparatus and administration, the country has dropped 23 places in 3 years in the Transparency International Corruption Perception Index. With a score of 35 out of 100 points, Albania is one of the most corrupted countries in the region, whose average ranks at a total of 66 points. This casts serious doubts on whether the policy implementations have yielded any concrete effects on the progress on the country’s struggles with a conflict of interest, abuse of state resources and insufficient disclosure. Particularly, as these are also witnessed through the Judicial Reform, whose slow-paced progress of the vetting of judges and prosecutors is a credit to the complex nature of each individual case related to the aforementioned issues. As a result of the large number of vacancies, the country’s judicial branch has been left crippled, with the High Court only regaining its quorum as of late and the Constitutional Court still missing five members in order to restart operating.

With a one-party led parliament and a frozen judicial branch, the risk of power abuse grows worryingly, as the rule of law is left defenceless and the country’s democratic legitimacy is at stake.

Ensuring a depoliticised media environment

The Venice Commission continues to voice its concern over the hostile media climate of Albania, which is gravely affected by the intertwinement of personal interests and political affiliations, resulting in self- censorship. The current Media Law, also referred to as the “anti-defamation” package, will deteriorate the situation further by undermining the freedom and authority of the press. The law, which passed in the Albanian parliament at the end of 2019 but was returned by the President for the same reasons mentioned by the Venice Commission, is said to tackle and reduce fake news and defamatory content, by creating a state administrative body that can judge the news content and fine online platforms. In doing so, it puts the media under the control of the Audiovisual Media Authority (AMA), whose members are appointed by the government, whilst the pressure and execution of exorbitant monetary fines can easily lead to the insolvency of online media outlets.

Foreign organisations such as the OSCE Presence, the European Federation of Journalists and many others have raised their concerns over the law package, which the government is still trying to pass in the parliament, causing Albania to drop two places on the 2020 World Press Freedom Index. These policies come after a long history of verbal attacks towards critical journalists, by politicians both in power and in opposition, in a country that is still struggling to establish editorial independence. The amendments are currently under the revision of the expertise of the Venice Commission and will be re-discussed later this year.

The way forward

As Albania enters the 11^th year in its journey to EU Membership, it has become clear that the only way for the country to progress is by solving its internal disputes. With a newly reformed European integration process, Brussel’s request for insurance of a consolidated democracy from its candidate states has become even more evident. The country’s deeply polarised political climate and continuous lack of cooperation between the two main parties not only delays policy implementations but it also hinders political stability and reforms. One the other hand, the media, being the main actors in the “anti-defamation” law package, have been excluded from the dialogue and are currently under the threat of imposed censorship and state control as opposed to the possibility of self- regulation. Yet Albania’s most pressing matter continues to be the necessity of the reinstitution of the power balances, through the immediate filling of the vacancies in the Constitutional Court as well as progressing with the implementation of the Judicial reform and fight against corruption, as has done in the past three years.

The timing of the start for accession talks can now only be determined by the government’s willingness to foster open dialogue and work towards ensuring a more stabilised political environment.

By Fiona Papajani, Institute for Democracy and Mediation – IDM Tirana Autumn Intern 2020

In 2015, EU member states deployed police units to North Macedonia’s border with Greece to assist in handling the refugee crisis. The cooperation has been effective but has lacked transparency.

The so-called “Balkan Route” has been one of the main paths for migrants and refugees to Western Europe. The migrants who arrived in Greece in 2015 had a direct influence on this route with their intention to reach the closest borders of EU member states through the Republic of North Macedonia, Albania and Serbia. In 2015, 764,033 illegal entries of migrants were detected in the Balkans in an attempt to cross the Serbian border with Hungary to further continue their journey to the developed countries. The numbers attest to fact that the challenges of the Balkan migration route cannot be overcome solely by the efforts of one individual country or an EU member state, but through a “joint cross-border approach based on cooperation”.

Consequently, in May 2015, the European Commission established the European Agenda on Migration to address the challenges relating to illegal migration, borders, asylum and legal migration. Due to EU’s inability to resolve the migrant issue through national policies and activities of individual EU member states, on October 25^th, 2015, Jean-Claude Juncker invited the leaders of Albania, Austria, Bulgaria, Croatia, the Republic of North Macedonia, Germany, Greece, Hungary, Romania, Serbia and Slovenia to meet in Brussels. The meeting resulted in a “17-point plan of action”, which includes measures for tackling the migration crisis by guiding the operation of the EU agencies towards establishing a system for exchange of information and strengthening the Frontex Western Balkans Risk Analysis Network, with enhanced reporting from all participants.

Cooperation between the Republic of North Macedonia and Frontex

Working Arrangement

On January 19^th, 2009, Frontex and the Ministry of Interior of the Republic of North Macedonia signed a Working Arrangement, which entered into force on the following day, January 20^th, 2009. The objective of this arrangement is to combat illegal migration and related cross-border crime through information exchange, risk analysis, joint training, research and development projects, joint operational activities and participation in pilot projects, under the authority of the Executive Director of Frontex.

The arrangement gives the Republic of North Macedonia access to Frontex’s services for strengthening the capacities for border control through joint operations, training and development. Such activities involve observation of Frontex-coordinated joint operations in EU countries, cooperation and participation in Frontex-coordinated operations on common borders, such as the border with Greece, information exchange, participation in relevant sessions and meetings of the Frontex Risk Analysis Network (FRAN), etc.

Status Agreement

In July 2018, EU Commissioner Dimitris Avramopoulos and Macedonian Interior Minister Oliver Spasovski signed a Status Agreement that would allow Frontex to deploy units to Macedonia. The agreement will enable Frontex to carry out joint operations in and together with Macedonia in the event of serious or pressing migration issues. The draft version of this agreement will allow a team of a Frontex member state to carry out activities on the territory of the Republic of North Macedonia under the leadership and in the company of our competent authorities. Nonetheless, this clause stipulates that Frontex representatives may communicate their views through they coordination officer to the representatives of the Macedonian police authorities.

In that event, the national authorities need to consider any such views and fully adhere to them. However, this provision may cause inconsistencies in the implementation if the views under consideration are not in accordance with the appropriate (effective) national legislative framework of our country. Hence, there is a potential risk of possible illegal actions. Due to the lack of public awareness of this issue, there is a need for wider public debate until the ratification of the Agreement in order to improve its content.

Source: makfax.com.mk

Foreign Border Guard from the EU and other Countries to the Republic of North Macedonia

Since 2015, the Republic of North Macedonia has closely cooperated with certain EU member states and Serbia in an effort to handle the refugee crisis more successfully, after it reached its “peak”. In 2015, the Republic of North Macedonia stressed at European and regional level the necessity of material and logistical support to effectively deal with illegal migration and offer humanitarian support to refugees. Subsequently, an international cooperation of eight countries has been established, including the Czech Republic, Poland, Slovakia, Austria, Hungary, Slovenia, Croatia and Serbia.

The purpose of the cooperation is to provide Macedonian border police with assistance from foreign police officers in patrolling the south border with Greece and in performing their daily duties. Furthermore, the cooperation involves joint training, information exchange and coordination. One hundred and sixty six (166) foreign police officers guarded the Macedonian border at the expense of the EU. The number of foreign police officers has gradually increased, and new contingents arrived in the country in 2019.

Even though Article 5 of the Law on State Border Protection stipulates that border control falls within the competence of the Ministry of Interior and that the police departments of the Ministry carry out border control activities, Article 59 of the same law provides for foreign police presence. Namely, this article stipulates that, based on a ratified international agreement, police officers from other countries may perform activities related to border control and other matters related to international police cooperation. On the territory of the Republic of North Macedonia, foreign police officers may use technical equipment and vehicles with symbols, wear uniforms, carry weapons and other means of coercion, under the conditions and in a manner determined by an international agreement.

In this regard, Macedonia concluded with Serbia, Hungary and Austria a Memorandum of Understanding, which is different from the usual agreements signed between countries. The key distinction between this Memorandum and other agreements is that in case of dispute other agreements can be executed through the judicial authorities, whereas this Memorandum of Understanding cannot be. More importantly, the Assembly of the Republic of North Macedonia has not ratified the signed memorandum. It was never published in the Official Gazette, which makes it only a declarative document. Nonetheless, that did not stop foreign police contingents from coming to our borders in the period from 2015 to 2019.

Need for Transparency

The 2015 refugee crisis challenged the stability of the EU’s internal and external border control. The Balkan countries played a key role in the management and control of EU’s external borders, supported by substantial financial and technical resources provided by the EU, its agencies and EU member states. Despite strengthening police capacities and establishing a good practice for cooperation with foreign police authorities, one cannot but emphasize the lack of transparency in the processes. 

The Memorandum of Understanding signed with foreign police authorities has not been made public, the instrument was not ratified by the Assembly and the exact number of foreign police officers deployed to the Republic of North Macedonia is not available on the websites of the competent authorities. This is a result of the country’s flexible approach to the cooperation with other countries in dealing with the refugee crisis.

Media coverage and statements from the Ministry of Interior are the only sources of information on the situation at the borderlines. Furthermore, the political, financial and other obligations arising from the Frontex Status Agreement should be discussed publicly with all stakeholders, including representatives of relevant institutions, academia and experts, in order to improve the country’s position on the issue. Finally, after the ratification of the agreement, its implementation needs to be monitored.

Author: Ismail Kamberi, Researcher, European Policy Institute – EPI Skopje