Prepared Draft Plan for the Accession of Montenegro to the EU until 2027: The Government is taking off, but first it has to go through IBAR

With the draft EU accession plan, the Government planned to implement most of its obligations this year. The interlocutor of "Vijesti" who is participating in the negotiations said that it is uncertain whether the Montenegrin authorities will succeed in fulfilling "the most important of the most important" obligations

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Gorcevic, Photo: Maida Gorcevic
Gorcevic, Photo: Maida Gorcevic
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The government plans to complete most of the obligations within the EU agenda in the next year and a half, so the Draft Plan for the Accession of Montenegro to the European Union (PPCG) for the period from 2024 to 2027 includes the most obligations - 335 - planned to be implemented in the current year. year, but before that the "most important of the most important" temporary benchmarks must be met.

The highest state officials have repeatedly announced that Montenegro will finish negotiations with the EU by 2026.

In order to speed up the negotiations, the first obstacle is the adoption of the most important laws and strategies so that the European Commission can submit a positive Report on the Fulfillment of Interim Benchmarks (IBAR) for Chapters 23 (Justice and Fundamental Rights) and 24 (Justice, Freedom, Security), as several of the other 33 negotiating chapters could be closed.

"Vijesti" wrote that Montenegro does not have to fulfill all 31 unfulfilled temporary benchmarks, of which there are 31, in order to receive a positive IBAR, but that those that do not fulfill will be turned into final ones, mostly due to the desire of the EC and the largest number of members to show that the EU enlargement process to the Western Balkans is "alive" and that Brussels' position is that Montenegro could be that "success story".

The source of the newspaper, which participates in the negotiations with the EU, said that at the end of February, at a meeting of representatives of the Government and the European Commission, it was agreed that 9 obligations should be fulfilled by the middle and end of April, so that a positive IBAR could be adopted by June, during the Belgian presidency of the EU. .

The interlocutor of "Vijesti" said that it is uncertain whether the Montenegrin authorities will be able to fulfill these obligations, as well as that the quality of "hastily" adopted laws and strategies could be questionable.

Minister of European Affairs Maida Gorcevic yesterday in front of the Parliamentary Committee for European Integration, she said that on April 8, she will inform the EC that some conclusions from the temporary benchmarks will not be fully fulfilled, with a clear plan of how they will be treated in the following period.

She clarified that this refers to the amendment of the article of the Constitution so that the Minister of Justice would no longer be a member of the Judicial Council, the election of the President of the Supreme Court and the Law on Financing Political Parties. These requirements do not depend on the Government, but on the Assembly, the Supreme Court and the Judicial Council.

Gorčević pointed out that so far the EC and the Venice Commission have sent a set of system laws for their opinion. These are the Law on Amendments to the Law on the Judicial Council and Judges, the Law on Amendments to the Law on State Prosecution, the Law on Amendments to the Law on Special State Prosecution and the Law on Amendments to the Law on Prevention of Corruption, as well as three media laws .

Gorčević said that the Draft of the new Justice Reform Strategy for the period from 2024 to 2027, as well as the Draft of Amendments to the Code of Criminal Procedure, was sent to the EC for its opinion.

She said that they are still in communication with the EC and that they are waiting for feedback from them regarding compliance.

She pointed out that the draft strategy for the fight against corruption is expected to be ready by April 20.

She said that a Strategy for the rationalization of the court network is expected from Montenegro by the end of April, and she listed other acts and deadlines for sending them to Brussels or the Venice Commission for an opinion.

"Preparations of the draft strategy of the Action Plan for the fight against corruption - April 15, the draft of the mechanisms for monitoring the implementation of the aforementioned strategy and the Action Plan for the fight against corruption, which should be sent by April 20, the first Draft Law on Amendments to the Law on Confiscation of Property benefits obtained through criminal activity, which should be sent to the EC for an opinion by April 8," Gorčević pointed out.

She pointed out that it is the duty of MEPs to inform the EC of what has been fulfilled by the end of April, and if not, an explanation must be sent as to why it will not be fulfilled.

The Minister of Justice was also heard before the Committee Andrej Milović, Minister of the Interior Danilo Šaranović and chief negotiator for negotiations on the accession of Montenegro to the European Union Predrag Zenović on the subject: "Assessment of the fulfillment of temporary standards in chapters 23 and 24".

In the Draft PPCG, which the Government has not yet adopted, and which "Vijesti" had access to, it is stated that 23 obligations are planned in the negotiation chapter 51 (judiciary and fundamental rights). These obligations, among other things, imply that in the second quarter of this year, i.e. by June, the Law on Amendments and Amendments to the Law on the Judicial Council and Judges and the Law on Amendments and Amendments to the Criminal Procedure Code, and in the third the Law on Amendments and Amendments to the Law on the State Prosecutor's Office and the Law on Amendments to the Law on the Special State Prosecutor's Office.

In the part related to the fight against corruption, it is planned to adopt in the second quarter of this year the Law on Lobbying, the Law on Amendments to the Law on Confiscation of Property Gains Acquired by Criminal Activity, the Law on Amendments to the Law on Prevention of Corruption, as well as laws from the domain of human rights - the Law on Audio-Visual Media Services, the Law on Media, the Law on Public Media Service of Montenegro and the Law on Amendments to the Law on Free Legal Aid.

The document states that for the third quarter of this year, i.e. by September, the adoption of the Law on the Protection of Equality and the Prohibition of Discrimination, the Rulebook on Keeping Media Records, the Rulebook on the Distribution of Funds for Print Media and Internet Publications, the Law on the Protection of Personal Data and of the Personal Data Protection Act for authorities dealing with the prevention, investigation and prosecution of perpetrators of criminal offenses and the execution of criminal sanctions.

For the fourth quarter, i.e. by the end of the year, the plan is to adopt the Law on Legal Recognition of Gender Identity Based on Self-Determination, the Law on Amendments to the Law on Execution of Imprisonment, Fines and Security Measures, the Law on Amendments to the Law on Execution of Probation convictions and punishments for work in the public interest, the Law on Amendments to the Law on Protection from Domestic Violence and the Law on Social and Child Protection.

Most liabilities in Chapter 12

The Draft PPCG states that the most obligations - 96, planned in negotiation chapter 12 - are food safety, veterinary and phytosanitary policy. Some of these obligations are the adoption of the Law on Amendments to the Law on Food Safety, the Law on Requirements for the Management and Handling of Animal By-Products, the Regulation on Amendments to the Regulation on Maximum Permitted Contaminants in Food and other documents.

In the negotiation chapter 14 – Transport policy, 66 obligations are planned. Some of these obligations are the adoption of the Law on Railways and the Rulebook on Professional Qualification of Railway Workers this year, as well as numerous rulebooks in road infrastructure, air and sea traffic.

In negotiation chapter 1 - Freedom of movement of goods, 45 obligations are foreseen, and in negotiation chapter 27 - Environment and climate change, 42 obligations are foreseen.

A law on international sanctions is also being prepared

When it comes to chapter 24 (justice, freedom and security), the adoption of the Law on Amendments to the Law on Aliens is planned for the third quarter of this year, and the Law on Amendments to the Criminal Procedure Code, the Law on Amendments to the Law on treatment of minors in criminal proceedings, the Law on Amendments to the Law on Enforcement and Security and the Law on Amendments to the Law on Civil Procedure.

In the area of ​​police cooperation and the fight against organized crime, the adoption of the Law on Confirmation of the Agreement between Montenegro and the European Union on operational activities carried out by the European Border and Coast Guard Agency in Montenegro, the Law on International Restrictive Measures and numerous regulations is planned for the second quarter. ..

By the end of 2027, it is planned to adopt 714 acts

Draft program for the accession of Montenegro to the EU 2024–2027. within all 33 negotiation chapters, it included a total of 714 acts, with a certain number being repeated through several chapters. Of the 714 regulations, 158 are planned through the strategic framework, and 556 through the legislative framework, of which 218 are laws, and 338 are by-laws.

Regarding the review of acts by year, the most obligations are planned for 2024, namely 335, while a total of 2025 are planned for 228, 2026 regulations for 100, and 2027 regulations are planned for 51

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