Albania and North Macedonia forced to accept tougher negotiating rules, as Serbia and Montenegro reassess their options

Brexit has been absorbing the EU's negotiating attention for many months and now Covid-19 has slowed down non-priority decision processes. In October 2019, the EU decided to cool down talks with the Western Balkans, under pressure from France and some other countries. Albania and North Macedonia, which had made the work that Brussels had requested in order to formally open negotiations, have seen the rules of the game changed just before the start of the game.

▲ meeting of the Western Balkans with EU countries, held in London in 2018 [European Commission].

article / Elena López-Doriga

Since its origins, the European Community has been evolving and expanding its competencies through treaties structuring its functioning and purposes. issue The membership of the organization has also expanded considerably: it began with 6 countries (France, Belgium, the Federal Republic of Germany, Italy, Luxembourg and the Netherlands) and now comprises 27 (following the recent departure of the United Kingdom).

The most notable year of this enlargement was 2004, when the European Union undertook to integrate 10 new countries, which was a major milestone challenge, given that these countries were mainly from Central and Eastern Europe, coming from the "iron curtain", with less developed economies coming out of communist systems and Soviet influence.

The next goal in the enlargement is the possible EU integration of the Western Balkan countries (Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro and Serbia). However, at a summit held in Brussels at the end of 2019 for the opening of accession negotiations for new members, some EU countries were against continuing the process, so for the time being the accession of the candidate countries is going to have to wait. Some EU leaders have described this postponement as a "historic mistake".

Expansion into Central and Eastern Europe

In May 1999, the European Union launched the Stabilization Process and association. The Union undertook to develop new contractual relations with Central and Eastern European countries that expressed a desire to join the Union through stabilization agreements and association, in exchange for commitments to political, economic, trade or human rights reform. As a result, in 2004 the EU integrated the Czech Republic, Cyprus, Slovakia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, and Slovenia (the first member of the Western Balkans). In 2007 Bulgaria and Romania also joined the Union and in 2013 Croatia, the second Western Balkan country to join.

Integration of the Western Balkans

Since the end of the Yugoslav wars at the end of 2001, the EU has played a very prominent role in the Balkans, not only as an economic power in subject reconstruction, but also as a guarantor of stability and security in the region. The EU's goal is in part to prevent the Western Balkans from becoming a security black hole, due to the rise of rising nationalism, the growing tension between Moscow and Washington, which fuels tensions between ethnic groups in the region, and the economic penetration of China into the area. Clearer progress towards Balkan integration was reaffirmed in the Commission's Western Balkans Strategy of February 2018 and in the Sofia Declaration following the EU-Western Balkans Summit held in the Bulgarian capital on May 17, 2018. At the Summit, EU leaders reiterated their unequivocal support for the European perspective of the Western Balkans. "I see for the Western Balkans no future other than the EU. There is no alternative, there is no plan B. The Western Balkans are part of Europe and belong to our community," said the then president of the European committee , Donald Tusk.

Official candidates: Albania and Macedonia

Albania applied to join the Union on April 28, 2009. In 2012, the Commission noted notable progress and recommended that Albania be granted the status of candidate, provided that it implements a number of outstanding reforms. In October 2013, the Commission unequivocally recommended that Albania be granted candidate status upon accession. Angela Merkel made a visit to Tirana on July 8, 2015 and stated that the prospect of accession of the countries of the Balkan region to the European Union (EU) was important for peace and stability. He stressed that in the case of Albania the pace of the accession process depended on the completion of reforms in the judicial system and the fight against corruption and organized crime. In view of the country's progress, the Commission recommended the opening of accession negotiations with Albania in its 2016 and 2018 reports.

On the other hand, the Republic of North Macedonia (former Yugoslav Republic of Macedonia) applied to join the Union in March 2004 and was granted the status of country candidate in December 2005. However, the country did not start accession negotiations because of the dispute with Greece over the use of the name "Macedonia". When it was successfully resolved by Prespa'sagreement with the new name of the country - Northern Macedonia - the committee agreed on the possibility of opening accession negotiations with this country in June 2019, assuming the necessary conditions were met.

Potential Candidates: Bosnia and Herzegovina and Kosovo

Bosnia and Herzegovina is a potential candidate country. Although it negotiated and signed in 2008 a Stabilizationagreement and association with the Union, the entrance of this agreement remained at Fail mainly due to the fact that the country had not executed a judgment core topic of the European Court of Human Rights. In the meantime, the Parliament of Bosnia and Herzegovina has not reached a agreement concerning the internal rules of procedure governing its meetings with the European Parliament (twice a year), as these meetings have not been held since November 2015, and this status constitutes a breach of agreement by Bosnia and Herzegovina. 

Kosovo is a potential candidate to join the Union. It declared its independence unilaterally in February 2008. All but five Member States have recognized Kosovo's independence (Cyprus, Slovakia, Spain, Greece and Romania). Among the countries in the region, Serbia and Bosnia and Herzegovina have also not recognized Kosovo as an independent state. In September 2018, the European Parliament went a step further and decided to enter into inter-institutional negotiations, which are currently ongoing. However, the fact that not all member countries currently recognize its independence is a major brake.

Negotiating access: Montenegro and Serbia

Montenegro, one of the smallest states on the European continent, has been part of different empires and states over the past centuries, finally gaining independence peacefully in 2006. It applied to join the Union in December 2008; it was granted country status candidate in December 2010, and accession negotiations began in June 2012. By the end of 2018, 32 negotiating chapters had been opened, out of a total of 35.

Serbia 's process began in December 2009 when former President Boris Tadić officially submitted the application membership application and also handed over to justice the war criminal Ratko Mladić, manager of the Srebrenica massacre during the Bosnian War, who was hiding in Serbian territory. However, the conflict with Kosovo is one of the main obstacles Serbia faces in reaching its accession to the European Union. It was granted country status candidate in March 2012, after Belgrade and Pristina reached a agreement on Kosovo's regional representation. The official opening of accession negotiations took place on January 21, 2014. In February 2018, the Commission published a new strategy for the Western Balkans stating that Serbia (as well as Montenegro) could join the Union by 2025, while acknowledging the "extremely ambitious" nature of this prospect. Serbia's future accession to the Union, like that of Kosovo, remains closely linked to the high-level dialogue between these two countries, held under the auspices of the Union, which should lead to a legally binding comprehensive agreement on the normalization of their relations.

A step back in the negotiations

In October 2019, a summit was held in Brussels whose goal was to structure the negotiations of the official candidates to join the EU. Both North Macedonia and Albania were convinced that a date would be set to start the long process of negotiations. However, the process reached an impasse after seven hours of wrangling, with France rejecting both countries' entrance . France led the campaign against this enlargement, but Denmark and the Netherlands also joined the veto. They claim that the EU is not ready to take on new states. "It doesn't work too well at 28, it doesn't work too well at 27, and I'm not sure it will work any better with another enlargement. So we have to be realistic. Before enlarging, we need to reform ourselves," said French President Emmanuel Macron.

The then President of the European Commission, Jean-Claude Juncker, considered that this suspension was a great historical mistake and hoped that it would only be momentary. For his part, Donald Tusk said he was "ashamed" of the decision, and concluded that North Macedonia and Albania were not to blame for the status created, as the European Commission reports were clear that both had done what was necessary to start negotiations with the EU.

In Albania, Prime Minister Edi Rama stated that the lack of consensus among European leaders would not change Albania's future EU membership aspirations. He assured that his government was determined to carry forward the reforms initiated, in the electoral, judicial and administrative fields, because it considered them necessary for the country's development , not just because they were requested in Brussels.

In North Macedonia, on the other hand, the European rejection was deeply disappointing, as the country had proceeded to reform its institutions and judicial system and to fight corruption; it had also modified its Constitution, its name and its national identity. The refusal left this country, candidate official to accession for 14 years, in a status of great uncertainty, so that Prime Minister Zoran Zaev decided to dissolve the Parliament and call elections for April 12, 2020 (then postponed due to the Covid-19 emergency). "We have fulfilled our obligations, but the EU has not. We are victims of a historical mistake that has caused a huge disappointment," Zaev assured.

A new, stricter process

Despite the fact that, according to the Commission, North Macedonia and Albania fulfilled the requirements to become accession candidates, Macron proposed to tighten the accession process. In order to unblock status and continue with the process, which the EU claims to be a goal priority, Brussels has given in to the French president's request by setting a new methodology for integrating new countries.

The new process provides for the possibility of reopening chapters of the negotiations that had been considered closed or of fail the talks underway in some of the chapters; it even envisages paralyzing the negotiations as a whole. It aims to give more weight to the governments and to facilitate the suspension of pre-accession funds or the paralysis of the process if the candidate countries halt or reverse the reforms they have committed to. The new method will apply to Albania and North Macedonia, whose negotiations with the EU have not yet started, while Serbia and Montenegro will be able to choose whether to opt in, without having to change their established negotiating framework , according to the Commission.