The model according to which the chief negotiator with the European Union (EU) is responsible for his work to the Government and Ministers of European Affairs (MEP), limits him from the point of view of insufficient appreciation of that position, but also the power that will be difficult to generate from the internal ranks of the Ministry.
This was assessed by the interlocutors of "Vijesti", commenting on whether the chief negotiator will be a "pro forma" function, considering that the Decision on establishing a structure for negotiations on the accession of Montenegro to the EU, adopted by the Government at the beginning of December, stipulates that the chief negotiator will perform management duties of the work of the Negotiating Team and answer for their work to the Government and the Minister of European Affairs.
In recent years, the Office of the Chief Negotiator was attached to the Prime Minister's Office after the Ministry of European Affairs was abolished in 2018.
Montenegro has been without a chief negotiator since the departure of Jovana Marović from that position in November last year. The Minister of European Affairs, Maida Gorčević, proposed university professor Predrag Zenović as the new negotiator, which the Government will decide on.
It is not good without a higher hierarchical position
Associate professor at the University of "Donja Gorica", Nikoleta Đukanović, told "Vijesti" that the negotiation structure has been changed several times, and regardless of the fact that the solutions that could be seen until 2020 did not produce almost any results in the negotiation process, still the main negotiator it must have significant independence and authority in its actions, not just responsibility.
"Until now, we have had the opportunity to see the great inertness and lack of interest of the authorities in the process of integration, even when it comes to reporting to the European Commission, without talking about the fulfillment of certain criteria. So that the future negotiator, apart from having knowledge and experience in this area, should be a person who has the authority to start our sleeping administration, motivate and push them to take seriously the obligations that await us", Đukanović pointed out.
She assessed that it is a very complex and demanding process, in which even the best performance of negotiators will not be enough, if it is not accompanied by the efforts and actions of the entire administration.
"That's why I think that the solution that the negotiator does not have a higher hierarchical position is not good, both from the point of view of insufficient appreciation of that position and from the point of view of the power that the negotiator will have difficulty generating from the internal ranks of the Ministry of European Affairs", she pointed out.
Speaking about the proposed candidate for chief negotiator, Đukanović said that she believes that the choice of Zenović as an excellent intellectual and an outstanding professor in the field of European studies gives hope that the state cares about European integration:
"By choosing a man with great knowledge and experience, an enviable biography and bibliography, he gives hope that key positions in the state can still be filled even without a party card".
Nikola Mirković, a program associate at the Center for Civic Education (CEO), said that the CEO has continuously advocated the position that the Ministry of European Affairs as a separate department is redundant and systemically incompatible, and that the Office for European Affairs is under the Cabinet of the Prime Minister, headed by chief negotiator who would answer directly to the prime minister, an adequate solution.
"We also saw that this model in Slovenia, for example, was extremely successful, and among other things, because the executive power in that country was changing and that model guaranteed the continuity of the negotiation structure and negotiators," Mirković pointed out.
He assessed that the model that has now been chosen in Montenegro significantly complicates things, limits the negotiator, which initially collapses his authority, and leaves a lot of room for shifting responsibilities between different actors.
"I would like to remind you that the last EC Report already pointed to the lack of direction and coordination between the ministries, and I am afraid that this model will not change that," Mirković said.
He pointed out that this model does not even provide a minimal framework that the main negotiator will not change with a new government, stating that such changes make the negotiation process difficult for both parties.
"The position of Chief Negotiator has changed over time in Montenegro, and certainly the worst was the last period when we were left without a key person in this area with the resignation of Jovana Marović to the positions of Deputy Prime Minister, Minister of European Affairs and Chief Negotiator," said Mirković.
The decision, adopted by the Government at the beginning of December, stipulates that the structure for negotiations consists of the Collegium for Negotiations, the Chief Negotiator, the Council for the Rule of Law, the Negotiating Team for the Negotiation of Montenegro's Accession to the EU, and the Negotiation Working Group for the Preparation and Conduct of Negotiations by Individual Chapters .
"Establishing a new structure will further speed up the dynamics of the negotiation process, i.e. the fulfillment of final benchmarks by chapters of the acquis of the EU, as well as temporary benchmarks in chapters 23 and 24", the Government announced at the time.
"lack of institutional memory" is also a burden
Nikoleta Đukanović assessed that the appointment of a negotiator is extremely important in the negotiation process and necessary at the moment in which Montenegro is today, especially considering that this position has been vacant for more than a year.
"For political parties and governments that claim that the integration process is their priority, this should not happen. We are witnessing frequent changes in the negotiation structure, inconsistent and inconsistent solutions in the formations of that structure, frequent changes in personnel solutions, a lack of institutional memory, which will represent a great burden for the future negotiator", Đukanović assessed.
Nikola Mirković recalled that Montenegro was without a chief negotiator for more than 390 days, stating that this is an unacceptably long time for a country where decision-makers emphasize that their priority is membership in the EU.
"This fact also reflects the position of Montenegro in the process of negotiations with the EU, i.e. prolonged stagnation and even regression in certain areas. It also indicates the lack of sincere commitment of the authorities to integrate European standards and values into the Montenegrin system and society," Mirković pointed out.
He emphasized that the appointment of the chief negotiator is a prerequisite in order to start unblocking the technical parts of the negotiation process.
"However, the expected effect primarily depends not only on the educational profile and integrity of the chief negotiator, which must be self-evident, but also on what kind of practical experience he has in the field of European integration, as well as institutional or organizational coordination skills, i.e. whether he will how to overcome the lack of such experience quickly enough", said Mirković.
Minister Maida Gorčević said at a consultative hearing before the Parliamentary Committee for European Integration last week that, considering the volume of work expected in European integration, it is good that there are more people who will lead the process.
"I, as a minister from the political level, the main negotiator who will lead the processes with the negotiation structure and the state secretary who will be appointed as the national coordinator for the instrument of pre-accession support (NIPAK)", said Gorčević.
She assessed that in this way, that team of three people will be able to respond to all tasks and challenges faster, better and more efficiently.
"Already today, proposals for director generals of the directorate, chief negotiator, who we will appoint at the next government session, have been sent. So by the end of this year, we will have a formally rounded team", stated Gorčević.
Ana Nenezić: Political will must be accompanied by an adequate negotiation structure
Montenegro does not have a negotiating structure that is ready for the next phase of negotiations with the European Union (EU), assessed Ana Nenezić from the Institute for Socio-Political Research Analitiko, adding that the country will need a social agreement on further courses of action.
Nenezić said that Montenegro wandered for a long time in formulating an adequate negotiation structure, which would be established on the basis that can guarantee the best results, and that it was the same in the 43rd and 42nd governments.
The negotiation process, as she stated, has two very important segments, political and technical.
"As far as the technical aspect is concerned, we have had results so far, however, in the political part we have failed quite a bit, or we have created a certain kind of brake by not being ready to go out of the set framework and unblock the judicial system, which was one of the prerequisites within chapter 23", Nenezić said in an interview with the MINA agency.
She pointed out that now for the first time it can be seen that there is political agreement, or the necessary parliamentary majority in order to get out of the impasse, but that the political will must be accompanied by an adequate negotiation structure.
Nenezić added that she hopes that the reform of the negotiation structure will not take a long time, because Montenegro does not have one.
She said that the new Minister of European Affairs Maida Gorčević opted for a solution that implies a separate function of the chief negotiator and that this is a better approach.
"Based on comparative experiences, I believe that the main negotiator should be attached to the Prime Minister's office, because we are talking about a person who will be able to exert some kind of influence on ministers and ministries to deliver what their obligations are, both on a technical and political level." , stated Nenezić.
She pointed out that it is challenging and limiting to do so, if the main negotiator is within the Ministry and in a functional and political sense is below the minister.
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