The final benchmarks that Montenegro received from Brussels as the final task for entering the European Union (EU) carry a lot of weight and people in state institutions must deliver visible results, and the most difficult thing will be to show that justice is being carried out - said the executive director of the Action for human rights (HRA) Tea Gorjanc Prelevic.
She told "Vijesta" that receiving a positive Report on the assessment of the fulfillment of temporary benchmarks for chapters 23 and 24 (IBAR) is a very important step. It has been shown that, he says, Montenegro is welcome to join the EU, but under a serious condition - that it demonstrates in practice that it is capable of supporting the rule of law and all that it means, in all areas - from the protection of human rights to the fight against organized crime .
"The final benchmarks fit into relatively few words, but they carry a lot of weight. State institutions are now crucial. The people who make them have to prove themselves, they have to deliver visible results that the EU expects to have an 'irreversible impact' - which proves to the EU member states that Montenegro will no longer be able to 'break'... This is a serious task, which they can performed only by those who know how to do the job well, and not just to tell something," said Gorjanc Prelevic.
On Wednesday, at the Intergovernmental Conference in Brussels, Montenegro received a positive IBAR and final criteria for chapters 23 (judiciary and fundamental rights) and 24 (justice, freedom, security). A total of six final benchmarks were given that relate to judicial reform, the fight against corruption, respect for human rights, migration, asylum and visas, and organized crime.
For chapter 23, three final measures with 17 sub-measures were given - five sub-measures for judicial reform and prosecution of war crimes, six for prevention and repression of corruption, financing of political parties, and six sub-measures for human rights. For chapter 24, there are three final measures, with seven sub-measures - migration, asylum and visas three, and organized crime four.
Gorjanc Prelevic assesses that the most difficult thing will be to ensure that justice is carried out.
"And it is written that this also means indictments in 'high-level' cases, and efficient trials, and quality judgments and efficient execution of those judgments, so - everything that Montenegro could not boast of until now. This can only be achieved through dedicated, highly professional work in the general interest, therefore - necessarily with experts, not necessarily with relatives and party comrades", she said.
However, as he says, the big question is whether Montenegro can achieve this with the people who are now in responsible positions, which were achieved precisely through party and relative recruitment, and not through objective competitions.
"HRA believes that planned, phased vetting in the judiciary is very necessary, and not only in the judiciary, but also in the police, the National Security Agency (ANB), everywhere there is a force that threatens human rights," said Gorjanc Prelevic.
The European Commission set out the final benchmarks in the Joint Negotiating Position. It states (for chapter 23) that Montenegro will meet the final benchmark related to judicial reform when, among other things, it ensures the effective implementation of the Judicial Reform Strategy and action plans, permanent independence, accountability, professionalism, access to justice and the integrity of the judicial system. , including its freedom and resistance to attempts at inappropriate internal and external influence.
To fulfill this criterion, Montenegro must also ensure the capacity, independence, responsibility and efficiency of self-governing bodies of the judiciary, including the composition and decision-making process of the Judicial Council and ensure that the judicial system as a whole is efficient, with judges and prosecutors who make quality decisions and indictments in within a reasonable time.
Establishing a credible and continuous stream of successful war crimes investigations, prosecutions and trials, including high-profile cases in full cooperation with the International Residual Mechanism for Criminal Courts and ensuring access to justice and reparations for victims, is also one of the conditions for meeting this benchmark.
Program Director of the Center for Democratic Transition (CDT) Milica Kovačević she said that Montenegro did not become a state of rule of law and complete freedom of the media in a few months, nor were corrupt patterns of behavior eradicated, so serious work and effort is still to come in order for this "significant success" to really lead to the desired goal - membership in the EU.
It indicates that the IBAR report opens up opportunities for further reforms and progress in other chapters of the negotiations as well.
"However, although every government has a legitimate right to highlight its successes, on the scene there is behavior that is typical of our political elites and that can lead to very dangerous epilogues - IBAR has been turned into a totem in propaganda, and critical voices are less public and more often in the political corridors labeled as enemies of European integration", announced Kovačević.
He notes that in the previous 12 years since the opening of negotiations, Montenegro has missed numerous chances, "choosing the strategy of faking reforms, rewriting, cosmetic alterations and covering up problems".
Executive Director of the Center for Civil Liberties (CEGAS) Marija Popović Kalezić she pointed to the indisputable need to change some laws and implement essential reforms. She said in "Colors of the Morning" on TV "Vijesti" that after IBAR there is a lot of work, that the reform of the judiciary is not finished, and that it is the key to the whole story.
"It's very good that we got the negotiations off the ground, everything that was achieved is commendable, besides that we have to take into account how and with what quality of law we went into this procedure", said Popović Kalezić, reminding that the set of IBAR laws entered the adoption procedure with numerous disagreements.
As she said, within the framework of the final benchmarks, what should be in focus is clearly defined.
"We have to be aware of what awaits us now and how long the road is ahead of us to bring about change. It will be a big challenge for the administration as well, because we are in a big problem when we talk about certain professions that we need, especially judges and prosecutors. However, with the right policies and the right professionals, we can make progress and succeed," said Popović Kalezić.
As she added, the question arises as to what the political situation will be, how stable it will be and whether the support in the parliament will be strong when it comes to essential reforms, as in the case of the "IBAR law".
"Citizens to help remove the corrupt from the process"
Tea Gorjanc Prelevic says that now the most important thing is for citizens to exert pressure every day and help to remove from "this serious process" all corrupt personalities who do not work in the general interest of Montenegro, to show the results as soon as possible and for the state to, practically, itself introduced into the EU.
The Common Position for Chapter 23 states, among other things, that the effective fight against corruption remains an important challenge and that Montenegro is urged to strengthen the existing anti-corruption authorities before establishing the new Agency.
Establishing a strong and effective system to prevent and combat corruption, including high-level corruption, is another final benchmark for Chapter 23.
The third final criterion refers to Montenegro protecting fundamental rights both in legislation and in practice, and to be fully prepared to apply the European Charter of Fundamental Rights and other relevant EU regulations upon accession.
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