Netherlands is positioned again against European Integration of Albania as Foreign Minister Stef Blok presented a critical report for Albania.  Despite some 'compliments' for the work done by the Albanian Government to fight crime, corruption or electoral reform more must be done and the political dialogue in the country needs to be improved, especially in the area of electoral reforms and their implementation, while corruption is considered by this European country as a serious problem.

"The new judicial institutions have filled vacancies in the Supreme Court and Constitutional Court allowing one of the Chambers of the Supreme Court to function. With the current four members, the Constitutional Court does not yet have a quorum, but on the basis of the guidelines from the opinion of the Venice Commission, the remaining vacancies can be filled. Efforts to build a solid track record are ongoing, although it remains a long-term goal that still requires further structured and consistent efforts.  In general, corruption remains widespread and is a serious problem the Commission poses," says Blok in his report.

The government shares the Commission's appreciation that there is not yet a quorum for the Constitutional Court and that further progress should be made on the revision of the media law based on the opinion of the Venice Commission.  Despite the appointment of a few non-magistrates, the Supreme Court is also not yet in a position to hear all cases.  Major steps have been taken, in particular in the area of ​​the screening of senior judges and prosecutors, but this is not yet sufficiently leading to actual convictions of the judges charged with criminal activities during the screening.

"Corruption remains a major and widespread problem that will continue to demand attention in the years to come.  In this context it is positive that the SPAK is now fully operational.  The recent report from the Group of States against Corruption (GRECO) concludes that Albania has properly implemented 9 out of 10 recommendations.  This shows that Albania is working against corruption.  But Albania needs to take further steps to build a solid track record in the investigation, prosecution and final conviction of corruption and organized crime at all levels.

The Council decided in March that the first IGC with Albania can take place, if the conditions set out in the Council conclusions of March 2020 are met. It is crucial for the government to make further progress on the above points in the near future.  Only when the conditions as stated in the Council conclusions of March 2020 have been convincingly met is the holding of a first IGC with Albania for the cabinet," says report.

Below full report of Stef Blok for Balkan Countries:

Dear Chairman,

On October 6, the European Commission presented its annual enlargement package 1. In addition to a general communication on enlargement policy, the package includes progress reports on Montenegro, Serbia, North Macedonia, Albania, Kosovo, Bosnia-Herzegovina and Turkey. On 6 October, the Commission also published a Communication on the Western Balkans Economic and Investment Plan2 (EIP).

This appreciation addresses the main elements and recommendations of the Commission's enlargement package. The government assesses the progress that the candidate and potential candidate countries have made in the past year, as well as the degree to which these countries are prepared for membership obligations, in accordance with my commitment during the AO RAZ of 7 October. This assessment also forms the basis for the  Dutch commitment to the preparations for the conclusions on the general communication and the country reports that the Council is expected to adopt on 10 November 2020.  In addition, this appreciation also addresses the Commission communication on the EIP.

This appreciation also provides insight into the ongoing implementation of motion 21 501-20 Van der Graaf / Mulder on the government's efforts to support EU support for a detailed reform agenda for the countries in the Western Balkans.  This appreciation also examines the coverage and elaboration of the support package for the Western Balkans as promised during the memorandum consultation on 4 May last.

Subsidiarity and proportionality

This appreciation comes in lieu of a BNC token. The government has a positive basic attitude towards the subsidiarity of the Commission communication. Enlargement policy is by definition a policy area that can only be implemented at EU level.  The cabinet also has a positive basic attitude with regard to the proportionality assessment. The Commission Communication implements the 2006 enlargement policy set by the European Council3.

New methodology

On 14 February last, your House approved the government's appreciation of the revision of the extension methodology proposed by the Commission (Parliamentary Paper 21501-20-1511).  At the time, the cabinet concluded that the revision was an important step in the right direction.  The government welcomes the increased emphasis on rule of law, public administration and economic reforms as set out in the Commission communication.  In addition, the clear language about conditionality ties in well with the strict and fair approach to expansion.  Last March, the Council expressed support for this revised extension methodology.

The new methodology is partly reflected in these progress reports.  For example, the Fundamentals Cluster is central to all progress reports and there is more attention for the political commitment to the EU process of the candidate countries themselves.  At the same time, future reports can improve further through clearer recommendations from the Commission on, among other things, corrective measures.  In addition, it is desirable that the reports are drawn up on the basis of the cluster classification in the future.  As indicated in the government's appreciation of the negotiation frameworks for North Macedonia and Albania (parliamentary document 23 987 No. 386), the government aims to do justice to the new methodology in these negotiation frameworks.

Country reports

Montenegro

In Montenegro, political commitment to the strategic goal of EU integration is consistent, including continued full alignment with the Common Foreign and Security Policy (CFSP), the Commission said.  The Commission considers that there is a general balance between progress in the rule of law and progress in other chapters.  According to the Commission, the fulfillment of the interim rule of law benchmarks is a priority for Montenegro before moving on to the subject to close chapters.  In particular, it is important that Montenegro takes steps on freedom of expression, media freedom, anti-corruption, political interference in key independent institutions and the judiciary, without reversing previous achievements in the field of justice, the Commission said.

The government is of the opinion that the report paints a good picture of the situation in Montenegro and supports the Commission's conclusion that no chapters can be closed for the time being.  Progress on political and rule of law issues remains limited.  The publication of the progress report comes in the wake of a political change that sees a different political coalition in power for the first time in 30 years.  The Commission is rightly putting the ball in the hands of the new government and parliament to take serious action now on the most important priority in the reform process: fighting corruption.  Implementation of the measures taken is crucial, also where political interests are at stake.  In the coming period, the government will closely monitor whether there is political will and sufficient independence within the criminal justice system to address issues such as combating corruption and organized crime.

Serbia

Serbia continued to designate EU membership as its strategic goal in the recent period.  But the Commission believes that Serbia needs to put more emphasis on this.  For example, the Commission believes it is important to improve independent communication about the EU, Serbia's main political and economic partner.  Serbia's progress in the rule of law and the normalization of relations with Kosovo are essential and will continue to determine the pace of the negotiations, the Commission said.  However, this progress in the field of rule of law is not as rapid and effective as might be expected from a candidate country.  Serbia needs to accelerate and deepen reforms, in particular in the areas of judicial independence, the fight against corruption, media freedom, the national response to war crimes and the fight against organized crime.  In addition, Serbia should focus on achieving the interim benchmarks in the field of rule of law.  Relations between Belgrade and Pristina remain challenging, but the Commission sees the resumption of the EU-congratulated dialogue as a positive step.  However, Serbia must take further substantial steps in this regard, the Commission states.  Serbia also needs to increase its alignment with the CFSP, according to the Commission.

The tone and content of the report correspond with the cabinet's analysis.  While there has been progress in a number of areas, such as in the field of digitization and reducing the backlog in court cases, the government believes that the past year was a period of growing political polarization and further curtailment of fundamental freedoms.  Serbia.  These concerns have existed for several years and, in the government's view, are partly due to a lack of political will to actually implement difficult reforms.  Statements by Serbian government officials about lack of European solidarity with Serbia earlier this year exemplify the government's lack of conviction with which the government publicly communicates the strategic value of EU membership.  This is detrimental to popular support for the necessary reforms.  

The government therefore considers it positive that the report calls for more attention to the communication of the authorities about Serbia's choice for future EU membership, in accordance with the new methodology.  Like the Commission, the government welcomes the resumption of dialogue with Pristina.  The government is particularly concerned about the lack of progress in the field of justice and in the field of freedom of expression and protection of journalists.  The government agrees with the Commission that Serbia will have to focus in the coming period on achieving the interim benchmarks in the field of rule of law.

North Macedonia

The Commission presented proposals for the negotiating framework in July 2020 as well as a report on progress in the area of ​​reform4.  The Commission states that it is looking forward to the first Intergovernmental Conference (IGC) which should take place as soon as possible after the adoption of the negotiating framework by the Council.  

The Commission considers that North Macedonia has made clear progress over the period covered by the progress report.  This ultimately resulted in the Council being able to agree to the opening of accession negotiations last March.  According to the Commission, North Macedonia has continued to implement EU-related reforms and is therefore committed to the path towards EU membership. In addition, North Macedonia has also completed the integration process in the last reporting period to join NATO as a full member, the Commission says.  In the field of rule of law, North Macedonia has implemented a number of important reforms, including the implementation of the law in force before the entry into force of the Public Prosecution Office, the Commission said.  Progress in tackling organized crime and corruption is considered good by the Commission.  Cooperation with Europol has been further expanded in the past period.  In particular, the track record for the number of prosecutions of high-level crime suspects has improved.  North Macedonia has set up a legal framework for the protection of fundamental rights that is close to European standards, according to the Commission.

The government is of the opinion that the progress report for North Macedonia provides a predominantly positive picture of progress in the reform process.  Progress has been made in the areas of rule of law, the fight against corruption, public finances and the security apparatus that are important to the Netherlands.  The new law on the prosecution took effect in June, pushing the cases of the Special Prosecution Office to continue.  The Anti-Corruption Commission has taken up an increasing number of cases and the Anti-Discrimination Act, previously declared invalid by the Constitutional Court on procedural grounds, is currently being given priority in parliament.  In the government's view, important points for attention for the coming period are the screening of judges, prompt parliamentary approval of the national anti-corruption strategy, improving freedom of the press and parliamentary supervision of public finances and the security services.

As far as the cabinet is concerned, the first IGC can take place as soon as there is agreement on the negotiating framework.

Albania

The Commission presented proposals for the negotiating framework in July 2020 as well as a report on progress in the area of ​​reform5.  The Commission states that it is looking forward to the first Intergovernmental Conference (IGC) which should take place as soon as possible after the adoption of the negotiating framework by the Council.  The Commission then notes that the Council has set a number of conditions with regard to Albania that the country must meet before the IGC can take place.

The authorities have publicly committed to the EU path, according to the Commission, based on strong public support for EU accession.  Albania continues to adhere to the CFSP in all cases.

On the conditions set by the Council, the Commission reports the following: the electoral law has been amended on the basis of the recommendations of the Office for Democratic Institutions and Human Rights (ODIHR) and passed by parliament on July 23. The Commission concludes that, regardless of this positive outcome, the political dialogue in the country needs to be improved, especially in the area of ​​electoral reforms and their implementation.

The new judicial institutions have filled vacancies in the Supreme Court and Constitutional Court allowing one of the Chambers of the Supreme Court to function. With the current four members, the Constitutional Court does not yet have a quorum, but on the basis of the guidelines from the opinion of the Venice Commission, the remaining vacancies can be filled.  The Special Anti-Corruption and Organized Crime Structure (SPAK) is fully set up, including the Special Prosecution Office (SPO) that carries out the important investigative tasks.  The Director of the National Bureau of Investigation (NBI) has also been appointed.

Screening of judges and prosecutors continues steadily and progress is being made in the fight against corruption, the Commission reports.  Efforts to build a solid track record are ongoing, although it remains a long-term goal that still requires further structured and consistent efforts.  In general, corruption remains widespread and is a serious problem the Commission poses.  Albania also made good progress in the fight against organized crime, including cooperation with EU Member States, and by implementing the recommendations of the Financial Action Task Force (FATF) action plan.  As in previous years, Albania is making good progress in combating the cultivation and trade of cannabis.  International police cooperation must also be continued, particularly in the field of combating money laundering and further implementation of the FATF action plan.

In the field of freedom of expression and media freedom, the government has publicly committed to implementing the recommendations of the Venice Commission opinion on this.  The draft media law is currently being revised based on this opinion. Furthermore, the number of unfounded asylum applications by Albanians in the EU has declined but the number remains high and requires continued and sustained efforts, including addressing the phenomenon of unaccompanied minor asylum seekers, the Commission reports.  

Albania has continued its efforts to counter unfounded asylum applications and has strengthened dialogue and cooperation with the most affected countries.

The Commission concludes that Albania has already made decisive progress and the country is close to fulfilling the conditions set by the Council for the first IGC.

The government shares the Commission's analysis that Albania has shown progress in various areas, but the Commission's conclusion that almost all conditions have been met is premature.

The government shares the Commission's appreciation that there is not yet a quorum for the Constitutional Court and that further progress should be made on the revision of the media law based on the opinion of the Venice Commission.  Despite the appointment of a few non-magistrates, the Supreme Court is also not yet in a position to hear all cases.  Major steps have been taken, in particular in the area of ​​the screening of senior judges and prosecutors, but this is not yet sufficiently leading to actual convictions of the judges charged with criminal activities during the screening.

Corruption remains a major and widespread problem that will continue to demand attention in the years to come.  In this context it is positive that the SPAK is now fully operational.  The recent report from the Group of States against Corruption (GRECO) concludes that Albania has properly implemented 9 out of 10 recommendations.  This shows that Albania is working against corruption.  But Albania needs to take further steps to build a solid track record in the investigation, prosecution and final conviction of corruption and organized crime at all levels.

Progress has also been made in tackling organized crime and migration.  Cooperation with the Albanian authorities in countering irregular migration continues to work well.  Good cooperation remains necessary for the reasons mentioned by the Commission, but also to tackle the problems surrounding climbers.  The follow-up to the FATF recommendations is also reasonably on schedule and Albania has participated in several international police operations.  In this context, it is positive that the director of the National Bureau of Investigation (NBI) has been appointed, but it remains important that the necessary inspectors are also appointed and trained.

The Council decided in March that the first IGC with Albania can take place, if the conditions set out in the Council conclusions of March 2020 are met. It is crucial for the government to make further progress on the above points in the near future.  Only when the conditions as stated in the Council conclusions of March 2020 have been convincingly met is the holding of a first IGC with Albania for the cabinet.

Kosovo

The combination of a politically complicated year (three governments) and the outbreak of the COVID pandemic has, according to the Commission, meant that Kosovo made limited progress over the reporting period in almost all areas where EU reform is needed.  In the field of rule of law, the Commission states that Kosovo is at an early stage in the reform process.  For example, the Commission argues that the Kosovar legal system remains vulnerable to unwanted political influences.  Administrative capacities within the various judicial authorities remain insufficiently developed.  The Committee recommends that continuous attention be paid to this.  Kosovo has made limited progress in tackling organized crime, specifically mentioning the lack of progress in the investigation and prosecution of suspects in prominent high-level cases.  This is due to limited capacity and the widespread presence of corruption, the Commission said.  

The lack of implementation of the new Criminal Procedure Code and the delays associated with the amendments to regulations regarding the financing of political parties are not helpful, according to the Commission.  Where, according to the Commission, Kosovo has made clear progress is in the field of counterterrorism.  The Kosovar system of laws and regulations on this theme is considered by the Commission to be largely in line with EU standards.

The normalization of the relationship between Serbia and Kosovo is seen by the Commission as crucial and necessary for both countries in order to be able to continue taking steps towards EU membership.  In July 2018, the Commission confirmed that Kosovo has fulfilled the conditions for visa liberalization, and in March 2019, the European Parliament supported the Commission's proposal for visa liberalization for Kosovo.  

The proposal is now with the Council and, according to the Commission, should be dealt with with urgency.  The government shares the Commission's view that the progress made by Kosovo has been limited.  Particularly when it comes to the effective implementation of proposed legislative changes and reforms in the areas of justice, fundamental rights, public administration and tackling organized crime and corruption, the government notes that there is stagnation.  For example, the legal framework for the protection of human and fundamental rights is virtually in line with European standards.  But implementation of this legislation is often undermined by insufficient resources, limited political prioritization and lack of coordination.  
Also, the judiciary is vulnerable to political influence, legal proceedings are slow and inefficient, and sustained efforts are needed to build up judicial institutions. 
The government will only agree to the introduction of visa freedom for Kosovar citizens if there is a serious and solid track record with regard to the fight against organized crime and corruption and the continuous fulfillment of the other conditions.  The government agrees with the Commission recommendation that Kosovo should continue to pay attention to building up the judicial authorities.

Bosnia and Herzegovina

The Commission states that there has been virtually no progress in the past period.  The priorities for Bosnia and Herzegovina are the rule of law, fundamental rights and public administration reform, and it is precisely on these issues that the Commission states that insufficient progress has been made.  Special attention is paid to the pressured position of journalists and the independence of public broadcasters. 

In addition, no action has been taken by the government to engage in meaningful dialogue with civil society in the country, the Commission said.  No progress has been made in the implementation of the recommendations on tackling corruption and organized crime.  Finally, the Commission states that Bosnia and Herzegovina is only in the early stages of preparations for meeting the EU's obligations.

The cabinet shares the conclusions of the Commission.  The progress report for Bosnia and Herzegovina makes it clear that, apart from a few intermediate steps, the country has made insufficient progress on reform priorities.  In addition, the observation that the institutions fail because the structure of the institutions is based on ethnicity, and thus encourages the pursuit of own political and financial gain, is worrying.  Unfortunately, the country has not yet taken any constructive steps in the area of ​​migration either.

The little-proven asylum system suffers from capacity problems, which means that the relatively low number of refugees does not receive sufficient protection.  There are also insufficient reception centers for the large number of irregular migrants.  The government is of the opinion that in the coming years Bosnia and Herzegovina should work towards the independence and efficiency of the judiciary, building a track record of corruption and organized crime, reforming the public administration, and  concrete steps to protect human rights and anti-discrimination.

Turkey

The Commission states that Turkey is an important partner for the EU and a candidate country.  Dialogue and cooperation with Turkey continued, including effective cooperation in the field of migration and extensive EU support for refugees, despite concerns about events at the Greek-Turkish border in March 2020. However, the Commission notes that Turkey has continued to move further away from the European Union, with serious regression in terms of democracy, rule of law, fundamental rights and independence  of the judiciary.  

The continued arrests of opposition leaders, human rights defenders, journalists and civil society representatives under broad anti-terrorism laws are very worrying, the Commission said.

The Commission also states that Turkish foreign policy increasingly clashed with EU priorities under the CFSP, in particular through Turkish military operations in Northeast Syria and the memoranda of understanding that Turkey signed with the Government of National Accord (GNA) in Libya  .  

With regard to the unauthorized drilling in the Eastern Mediterranean, the EU decided in July 2019 on a number of measures, which were extended with a sanction regime in November 2019.  The Commission describes that two listings followed in February 2020. The European Council subsequently decided on 1 October last to take a two-track approach with regard to Turkey. 

The Commission reiterates the conclusions of the European Council: if constructive efforts to end illegal activities against Greece and Cyprus continue, the President of the European Council, in cooperation with the President of the Commission and with the support  by the High Representative, to develop a proposal to revitalize the relationship between the EU and Turkey.  But if Turkey persists in unilateral actions and provocations, the Union will not hesitate to use the full range of instruments.

In June 2019, the Council reiterated the June 2018 conclusion that accession negotiations with Turkey have effectively come to a standstill and no new chapters can be opened or closed.  The Commission notes that the underlying facts on which this conclusion is based still apply, despite the repeated statements by the Turkish authorities of their commitment to the EU accession process.

The government shares the concerns of the Commission about the further decline with regard to the rule of law, democracy and human rights in Turkey.  On this basis, the government believes it is right that the accession negotiations have effectively come to a standstill.  The government will also continue to advocate that pre-accession support for Turkey be fully suspended in accordance with the Roemer / Segers motion (Parliamentary Paper 32 824, no. 158). 

Furthermore, in accordance with the Van Ojik / Van den Hul motion (Parliamentary Paper 21501-20, no. 1207), the cabinet will endeavor to ensure that support for human rights NGOs is at least maintained.

At the same time, the government is of the opinion that the EU-Turkey Declaration is an effective means of combating irregular migration.  Both the EU and Turkey benefit from effective implementation of these agreements and the parties have a common responsibility to this end.  Turkey is making a great effort with the reception of nearly four million refugees, and is rightly supported in this.
The government will continue to adhere to the fulfillment of all benchmarks of the Visa Liberalization Roadmap before it can agree to the abolition of the short-stay visa requirement for Turkish citizens.  At the same time, the cabinet is convinced that practical cooperation with Turkey, for example in the field of migration, counterterrorism and the economy, is in the interests of the Netherlands and the EU.

The Minister of Foreign Affairs,

Stef Blok