1. Bosnia and Herzegovina Is Officially a Candidate for the European Union

On the 13^th December 2022, the General Affairs Council approved the proposal to make Bosnia and Herzegovina (BiH) an official candidate for the European Union.

The High Representative of the European Union for Foreign Affairs and Security Policy, Josep Borrell welcomed this decision and the European Commissioner for Neighbourhood and Enlargement, Olivér Várhelyi said that the decision to have BiH as a candidate for the EU, adopted by the General Affairs Council, was “a turning point in the EU’s enlargement policy”.

The head of the EU Delegation in BiH, Ambassador Johan Sattler commented on the decision saying that the country “should start celebrating only when everything is over”.

The Slovenian prime minister, Robert Golob claimed that the EU’s enlargement process in the Western Balkans and especially BiH would significantly contribute to the stability political of the region, which is under Russian pressure.

The Federal Minister for the EU and Constitution at the Federal Chancellery of Austria, Karoline Edtstadler expressed her satisfaction with regard to the decision of the General Affairs Council, stating that she was happy that BiH officially became a candidate for the EU, sending a powerful message to the entire region of the Western Balkans.

According to the conclusions of the EU General Affairs Council, with regard to the enlargement stabilisation and association process, adopted on the 13^th December 2022, at the European Council Summit, which took place on the 15^th December 2022, the EU agreed to make BiH a candidate for the EU. The EU leaders recommend that the country should strengthen the rule of law, fight against corruption and organised crime, and manage migration and the violation of human rights. The EU’s strong signal clearly means that it expects the authorities in Sarajevo to start the reform process, but it also sends a message to the entire region.

It is worth mentioning that BiH started its EU integration process in 2016, while in 2019 the European Commission approved its candidacy, provided it fulfilled 14 key priorities before it received its status as a candidate. Nevertheless, we must highlight the fact that in the progress report published in 2022, the Commission proposed that BiH should be given its status as a candidate for the EU even though it fulfilled only eight of the priorities – those related to the reform of the justice system, the fight against corruption and the freedom of the press.

2. The EU Warns Serbia with the Temporary Suspension of the Visa-Free Regime

On the 8^th December, the Dutch House of Representatives issued a resolution that asked its government to plea with Brussels for the temporary suspension of the visa-free regime for Serbia if Belgrade did not align with the visa regime and foreign policy of the EU. Even though the proposition had the support of most members of the Dutch opposition, government and parliament, during the debate, at the initiative of the Dutch foreign minister, they agreed not to make the resolution official at that time. As the minister explained, the government is working on its own document in this respect; this is why the proposition is not yet an EU directive. The Dutch agreed that the resolution that received parliamentary support should be reintroduced on the agenda; however, the date is yet to be announced.

A day before the parliament debated the resolution, Erik van der Burg, the State Secretary for Justice and Security, answered Van Wijngaarden’s question on the rise of migration in Serbia. He said that the “government shares the concern of the European Commissioner, Johansson, with regard to the increase of the migration flow through Serbia and deems it necessary to oppose the migration flow through the Western Balkans”. At the same time, he salutes the steps Serbia took in aligning with the EU’s visa policy, will keep on monitoring the evolution of the situation, and exercise pressure if needed

3. Kosovo Takes an Important Step towards Its EU Accession

On the 12^th December 2022, Kosovo’s president, Vjosa Osmani announced that by the end of this year, Kosovo will apply for an EU membership. Highlighting that the EU-Western Balkans Summit was not the place for Kosovo and Serbia to negotiate. In the same context, V. Osmani rejected the possibility of meeting the Serbian president, Aleksandar Vučić. The president gave a statement for the Albanian media, where he said that the EU-Western Balkans Summit was not the place for Kosovo and Serbia to discuss and negotiate. This should be a separate process, which should focus on mutual recognition, and maintaining Kosovo’s integrity, sovereignty and constitutional order. According to the constitution, the EU should start taking action, especially at least as the visa liberalisation for Kosovo was concerned. V. Osmani highlighted that the EU should make a difference between the countries fully aligned to its policy and those that stand with Russia.

Following its ambition, Kosovo is taking a crucial step towards becoming a full member of the EU family. “To Kosovo and its citizens there never was another alternative, however, dreams do come true if you fight for them.” This is what the Kosovo president said. In its latest report regarding Kosovo’s progress, the European Commission, praised the country stating that it “strengthened its abilities to coordinate the implementation of the engagements and obligations that derive from the Stabilization and Association Agreement”.

Nevertheless, on a domestic as well as an international level, there is a general belief that Kosovo is in a unique and difficult position. Five of the 27 Member States – Spain, Greece Slovakia, Romania and Cyprus do not recognise its independency, and it is highly unlikely that they ever would, without an agreement that regulates the relations between Serbian and Kosovo, a step that is far from being taken.

The Kosovo prime minister, Albin Kurti stated that it would forward membership application to the Czech presidency of the EU Council in the last days of this ear, when its six-month mandate ends. Sweden will take over the EU presidency for the first half of 2023.

It is worth mentioning that the Kosovo official indicated that Kosovo’s “progress will depend on its commitment to reform deeply, change and promote democracy, actions that strengthen the rule of law and contribute to Kosovo’s economic development”.

4. The UE Sends a Clear Signal to Montenegro As Well

On 12^th December 2022, the Montenegro Parliament failed to nominate the four judges (out of seven) – vacancies at the Constitutional Court – extending the standstill period of the institution that has been dating since the 13^th September 2022.

Another failure of the 12^th December 2022 parliamentary session was the amendment of the Presidential Law that aims at adopting a favourable mechanism for the Parliament. It is supposed to take over some of the president’s duties, when he/she proposes the mandate to form a new government, allowing the majority of the parliament to choose their own candidate.

Hence, the Spokesperson for International Partnerships, Neighbourhood and Enlargement at the European Commission, Ana Pisonero, summoned Montenegro to ensure the operation of the Constitutional court and revoke the changes of the Presidential Law. Moreover, she highlighted that the amendments were adopted against the wishes of the Venice Commission, which recommended Montenegro should not adopt the law “until the Constitutional Court was fully operational and could evaluate the constitutionality after the adoption”. It is the second time that the Parliament adopted the above-mentioned amendments ever since the president of the Socialist Democratic Party, Milo Đukanović sent back the parliamentary law (7^th November 2022). Nevertheless, we must not forget the fact that, according to Montenegro’s Constitution, the president must sign the law if the Parliament adopts it a second time.

Furthermore, in light of the protests in Montenegro that followed the parliamentary session (12^th December 2022), political actors were summoned to stop provocations, as there was a new opportunity to end the long-term constitutional crisis.

Policy makers and mass media estimate that a fully functional Constitutional Court, with able members is the key to the leaders in Podgorica, so they can protect the fundamental rights of Montenegro’s citizens and further proceed to European integration.

It is worth mentioning that the Social Democratic Party in Montenegro, the party that used to lead the country and is now for the first time in the opposition (ever since 2020), accused the current parliamentary majority of being “unconstitutional” and “blocking Montenegro’s path to EU integration”. This is why the party decided not to vote for the candidates proposed for the positions in the Constitutional Court.

5. As a Conclusion…

We can highlight that what the EU fears lately – the spread of the Russian and Chinese influence in the Western Balkans – is becoming more and more visible, an aspect noted at the EU-Western Balkans Summit that took place on the 06 December 2022.

It is remarkable that at that important event, the German Chancellor, Olaf Scholz referred to a different position adopted by the EU with regard to the Western Balkans. At the end of the Summit that took place in Albania’s capital, Tirana, the EU leaders restated their “full and unequivocal commitment to the Western Balkans’ EU integration”, asking for the acceleration of the integration process.