The "train" that (must not) be missed - closing part of the negotiation chapters is imperative

"If the opportunity for Montenegro to close four chapters by December of this year is missed, the chance to become a member of the EU by 2028 will become an impossible task," Dina Bajramspahić said.

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From the Government session, Photo: Đorđe Cmiljanić/Government of Montenegro
From the Government session, Photo: Đorđe Cmiljanić/Government of Montenegro
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

It is not impossible for Montenegro to close four chapters at the next intergovernmental conference, although it is quite demanding and uncertain in this constellation, but if the opportunity to do so is missed by December this year, the chance to become a member of the EU by 2028 will become an impossible task.

This was assessed by the interlocutors of "Vijesti", commenting on what needs to be done in order to close the four negotiation chapters by the end of the year - 7 (Intellectual Property Law), 10 (Information Society and Media), 20 (Entrepreneurship and Industrial Policy), as well as chapter 31 which refers to foreign, security and defense policy.

"If the opportunity for Montenegro to close the four chapters by December of this year is missed, the chance to become a member of the EU by 2028 will become an impossible task", the citizen activist and former member of the working group for chapter 23 assessed for "Vijesti". Dina Bajramspahić.

She said that even with the closure of the announced four chapters, which are relatively undemanding, the task remains too difficult.

Bajramspahić notes that 2025 remaining chapters remain to be closed in 2026 and 26, with an estimate that perhaps two-thirds would remain for the last year.

"Because of all the above, the December "deadline" must not be missed. This would mean a complete waste of the opportunity provided by IBAR", she assessed.

According to the roadmap drawn up by the European Commission (EC), Montenegro should close six chapters in negotiations with the European Union (EU) in 2025, and 2026 in 20.

Montenegro and the EU
photo: Shutterstock

The EC made an assessment of the dynamics of closing negotiation chapters with Montenegro by the end of 2026, which the authorities in Podgorica defined as the deadline for concluding negotiations.

As previously announced, the new intergovernmental conference should be held in December.

Bajramspahić pointed out that the environment in which the competent institutions function is not favorable for fulfilling obligations, that focus and enthusiasm have been lost at a time when coordination must be impeccable.

"It is more than certain that dealing with daily political issues has pushed the European agenda out of the public discourse, but this will not reduce the responsibility of the Government, ministries and the parliamentary majority, unless full efforts are made to slow down the road. On the contrary, failure in integration will further delegitimize the majority, which is already shaken by the results of the elections in Podgorica", emphasized Bajramspahić.

Director of Strategy and Communications at the Center for Civic Education (CGO) Zvezdana Kovač said that it is not impossible for Montenegro to close these four chapters at the next intergovernmental conference, although it is quite demanding and therefore uncertain in this constellation, especially considering the relatively slow pace in completing the remaining obligations from the EU accession program of Montenegro for this year .

"The favor of the European Union, despite everything, is still there, but that does not mean that the chapters can be closed without fulfilling the minimum obligations, as well as those unfinished tasks before receiving the IBAR, which was recently talked about by an official of one of the EU countries" , said Kovač.

She pointed out that there is a big risk that Montenegro misses this chance, because reforms need to be implemented not only quickly and efficiently, but also substantively and qualitatively, especially those in the area of ​​the rule of law, the fight against corruption and the strengthening of the judicial system:

"Because these issues are key to progress in all negotiation chapters and are practically the backbone of the negotiation process, that is, they can influence the outlook on other chapters."

Challenge and bilateral relations: Zvezdana Kovač
Challenge and bilateral relations: Zvezdana Kovačphoto: CGO

Kovač emphasized that it is particularly important that the implementation of reforms must be improved, as well as the capacities of all institutions and ensure full compliance of legislation and policy with EU standards.

"There is still a lot of work and little time, and it makes the so important political stability and dialogue between political actors within the country questionable." The just concluded local elections in Podgorica and Kotor may affect certain relations, and the viability of the Government, whose legitimacy has already been undermined, may depend on the post-election combinatorics," said Kovač.

Bajramspahić assessed that, when it comes to chapter 7, of the four final benchmarks, two have been implemented, while the implementation of two is ongoing and must be finalized as soon as possible.

She said that the Government was expected to submit a report on the fulfillment of the final benchmarks in this chapter by the end of September, but that there was no information on whether it had been implemented. She emphasized that the Copyright Act must be improved to temporarily close this chapter.

"In chapter 10, work is being done to fulfill two benchmarks that have not yet been fully implemented, including extensive changes to the Law on Electronic Communications that are in the process of being agreed with the European Commission. A special obligation is to strengthen the independence of the regulator and demonstrate the principle of independence in practice".

She emphasized that in Chapter 20, the state is expected to implement a comprehensive strategy to encourage industrial competitiveness.

"Finally, the Government should inform the public about the steps taken in relation to the Article 98 Agreement of the Rome Statute".

Bajramspahić assessed that in addition to the four chapters mentioned, the chapters that must be intensively worked on now are chapter 5 "Public Procurement" and chapter 4 "Freedom of Capital Movement", because they are the first candidates for next year. As she said, by the end of next year, if everything goes perfectly, a few more chapters could join them, as candidates for closure.

"One must not lose sight of the fact that the EU's decision to close the chapters is not based only on the assessment of the situation in the given chapters, but on the basis of the overall situation in the country, and in particular the fulfillment of the Copenhagen criteria, i.e.: political, legal and economic criteria, as well as situation in cluster number one "Basics", which includes public administration reform and the so-called functioning of democratic institutions", said Bajramspahić.

She pointed out that, along with the work on reforms in the chapters, one must continuously work on full respect for the rule of law in the broadest sense, as this directly affects decisions on advancement.

"The rule of law encompasses all pressing issues in Montenegro - from respect for human rights, the quality of the electoral process, freedom of the media and civil society, the independence of the judiciary, the fight against corruption, to the quality of the legislative process and the control function of the Assembly, the quality of management and coordination of administration, democratic and civilian control over the security and defense sectors, good neighborly relations, etc."

The December "deadline" must not be missed: Dina Bajramspahić
The December "deadline" must not be missed: Dina Bajramspahić photo: Savo PRELEVIC

Bajramspahić pointed out that all incidents and abuses that show that essentially things have not changed for the better can be a reason for any EU member to put a "veto" on Montenegro's progress.

"The capacity of the state to take on the obligations of membership and to inherit the democratic heritage must be continuously improved so that the member states gain the conviction that Montenegro would not be a problematic member of the EU if it were admitted," Bajramspahić assessed.

Zvezdana Kovač said that bilateral relations are also a challenge, especially with Croatia, because it is known that no country that has open issues with one of the EU member states can substantially advance towards the EU.

"Many problems have been in a kind of hibernation for a long time, and after the latest tightening of relations with Croatia, they can be activated, that is, some already are and seem to be growing every day."

Kovač said that, on the other hand, the authorities of Montenegro are not doing anything to strengthen the so-called of public diplomacy that could relax those relations to some extent, and it seems that he takes the danger of blocking the process that could come from Croatia at some point rather not seriously.

"It would not be the first time that one neighbor blocks or makes it difficult for another to join, regardless of current geopolitical relations and the interests of the European Union itself," Kovač said.

Montenegro has so far closed three negotiation chapters, while all other 30 are open.

After the Inter-Governmental Meeting held on June 26 in Brussels, where the transitional benchmarks were met in the chapters of justice and fundamental rights (23) and justice, freedom and security (24), Montenegro has no formal obstacles to closing the other negotiation chapters.

Bajramspahić: Public lobbying for the "convoy" principle continues from the region

Dina Bajramspahić said that along with the domestic turbulence caused by the government itself insisting on conflicts, public lobbying for the "convoy" principle continues from the region, which would stop Montenegro, which has progressed the most, until the others solve their problems.

"The government, the opposition and society as a whole have a responsibility not to lose sight of state priorities, while other issues are being resolved. The European Union, for its part, has facilitated the way to the extreme limits, so the volume of work in the mentioned four chapters is minimal", said Bajramspahić.

Kovac: There are many missed chances

Zvezdana Kovač assessed that there were many missed chances, and it is unlikely that anything was learned from it, nor that this process is being approached with due care and without populism.

"We at CGO often say that European jobs are domestic jobs. This means that it is necessary to change bad practices and improve the management system in the country, depoliticize the state administration and its professionalization and rationalization so that it is a service for all citizens and not anyone's party prey, and of course the establishment of the necessary responsibility".

She said that "you can deceive the European officials once or twice, but it will be more difficult every next time":

"And we watch that film too often in the region, and that's why the whole process, with all the bumps that sometimes happen, actually takes a very long time..."

MEP: Final reports for chapters next week at the Cabinet

"During the next week, after the adoption of two capital laws in Chapters 7 and 10 in the Parliament of Montenegro, the harmonization of which is continuously and dedicatedly worked on, the Government of Montenegro will consider the proposals of the final reports for Chapters 7 Intellectual Property Law, 10 Information Society and Media, 20 Industrial policy and entrepreneurship and 31. Foreign, security and defense policy", it was announced to "Vijesta" from the Ministry of European Affairs (MEP).

The MEP announced that the proposals for the final reports are being prepared by the Ministry of European Affairs together with the negotiation structure, and they will state that Montenegro has met all the final criteria within these four chapters:

"On the basis of which, their temporary closure will be proposed to the Commission, and then to the Council, at the next intergovernmental conference that would be organized by the end of this year."

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