Annexes to COM(2024)129 - Report on progress in Bosnia and Herzegovina - March 2024 - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)129 - Report on progress in Bosnia and Herzegovina - March 2024. |
|---|---|
| document | COM(2024)129 |
| date | March 12, 2024 |
A strategy on public procurement 2024-2028 has been finalised and is pending adoption by the Council of Ministers.
Bosnia and Herzegovina should strengthen cooperation among law enforcement agencies, and adopt a strategic approach towards fighting serious and organised crime.
In January 2024 the Court of Bosnia and Herzegovina confirmed on appeal the sentence in the Novalić et al. case related to public procurement fraud, including against the then-acting Prime Minister of the Federation entity, who was sentenced to 4 years for abuse of office and forging of documents. This is a first final court ruling on high level corruption.
Step 6: decisively advance work to ensure effective coordination, at all levels, of border management and migration management capacity, as well as ensuring the functioning of the asylum system.
Migration management continues to improve. The Council of Ministers adopted a migration strategy and action plan. The Parliament adopted a Law on foreigners in August 2023. Reception capacities are sufficient. Readmission agreements and implementing protocols are implemented overall satisfactorily. Bosnia and Herzegovina needs to assign an appropriate budget for migration management, continue efforts for the return of irregular migrants to their countries of origin and take further steps to ensure a functioning asylum system. Obstacles persist to ensuring effective access to asylum.
In December 2023 the Council of Ministers adopted the negotiating mandate on the Frontex status agreement. The Presidency endorsed it in February 2024, and a chief negotiators has been appointed, allowing the start of negotiations with the Commission.
In January 2024 Bosnia and Herzegovina further aligned with the EU visa policy by removing Oman from its list of visa-free countries.
The authorities of Bosnia and Herzegovinafinalised the draft new law on border control, aimed at improving compliance with European standards. The Ministry of Security is expected to submit it to the Council of Ministers for adoption
A new draft strategy and action plan 2024-2029 on integrated border management, aimed at aligning with the EU acquis, are ready for adoption by the Council of Ministers.
Step 7: ensure prohibition of torture, notably by establishing a national preventive mechanism against torture and ill-treatment.
In October 2019 the Constitutional Court repealed the reference to death penalty in the Constitution of the Republika Srpska entity. In August 2023 the Parliament amended the Law on the human rights Ombudsman to designate it as national preventive mechanism against torture and ill-treatment – an international obligation of the country.
Step 8: guarantee freedom of expression and of the media and the protection of journalists, notably by ensuring the appropriate judicial follow-up to cases of threats and violence against journalists and media workers.
All prosecutors’ offices and law enforcement agencies have appointed contact points for journalists, to be publicised on the platform safejournalists.net. The first EU-funded training of contact point took place in late February.
As a first step to urgently address the financial situation of the state-level public broadcaster, in February 2024 the Council of Ministers granted it funds from the revenues of the Communication Regulatory Agency. A working group is being established to draft a new law on the public broadcasting system.
3. Conclusions
Since the European Council of December 2022 has granted candidate status to Bosnia and Herzegovina, the public commitment of the political leadership to the strategic goal of European integration was taken forward by important reforms and have brought positive results. The dedication and the commitment of the political leadership to the principles for ensuring a functional Bosnia and Herzegovina that advances on the European path is highly welcomed by the Commission.
Stronger engagement in policy dialogue with the EU is witnessed by High Level Political Forums, the latest one held in Brussels on 6 December 2023 where the participants have acknowledged the political importance and opportunity provided by the Commission recommendation to open accession negotiations once Bosnia and Herzegovina achieves the necessary degree of compliance with the membership criteria.
This strengthens even further the need for Bosnia and Herzegovina to deliver on the necessary reforms. The authorities of Bosnia and Herzegovina have also reiterated their commitment to advance on EU-related reforms during the joint visit of the President of the European Commission with the Prime Ministers of Croatia and of the Netherlands in Sarajevo on 23 January 2024.
Despite some developments referred to in the report, which are going against the positive momentum, the general commitment to the country’s EU path has translated into tangible results. This has to be continued with resolute steps to finalise key reforms in the upcoming period in line with EU rules and standards.
Bosnia and Herzegovina has also reached and maintained full alignment with the EU Common Foreign and Security Policy (CFSP) which is a more significant signal then ever of shared values and strategic orientation in the new geopolitical context.
In light of the results achieved since 2022 the Commission considers that Bosnia and Herzegovina achieves the necessary level of compliance with the membership criteria. Therefore the Commission recommends to the Council to open accession negotiations with Bosnia and Herzegovina in accordance with point 17. of the European Council conclusions of 14 and 15 December 2023. Furthermore, the Commission recommends that the Council adopts the negotiating framework once Bosnia and Herzegovina has taken further steps in line with the Commission’s report. The Commission is ready to report back to the Council about the progress made by BiH in relation to these steps.
Annex
Additional elements of progress in EU reforms
1. Stabilisation and Association Process
The Stabilisation and Association Parliamentary Committee (SAPC) has become fully operational. Bosnia and Herzegovina’s Parliament and the European Parliament held a full session of the SAPC in late October 2023. A second one is scheduled in March 2024.
2. Reconciliation to overcome the legacies of the war
The Council of Ministers appointed a supervisory body for the implementation of the national war crimes processing strategy.
In January 2024 the Ministry of Justice signed a memorandum of understanding with the International Residual Mechanism for Criminal Tribunals (IRMCT) to include in the domestic criminal records the judgements of the International Criminal Tribunal for the former Jugoslavia (ICTY).
The Peacebuilding Steering Committee has become operational on 19 February 2024, which is also the platform for policy dialogue on reconciliation.
3. Public adminsitration reform
All levels of government have been implementing the action plan on public administration reform (PAR), the comprehensive and countrywide public finance management strategy, and their own individual strategies on public financial management, while preparing a new action plan on public administration reform for 2022-2027.
The Coordinating Committee for PAR (at prime ministers’ level) met for the first time in February 2024 as the main political decision-making body tasked to steer reforms in the area as regards financial support to PAR, improved capacities of PAR coordinators and functionality of implementation structures.
In February 2024 the Parliament adopted in first reading amendments to the law on civil service in state-level institutions which aim to improve transparency in recruitment and introduce human resources management tools. These amendments were fully adopted by the Parliament in second reading on 8 March 2024.
Preparations are ongoing to hold the first EU-BiH dialogue on public finance management.
4. Functioning of the state institutions
The Program of Economic Reforms 2024 – 2026 was adopted in the Council of Ministers on 28 February 2024.
The Working Team for the Growth Plan Reform Agenda appointed by the Council of Ministers on 17 January 2024 and presented the priority list for their Reform Agenda.
The Global Framework of Fiscal Balance and Policy in BiH for 2024 – 2026 was adopted on the State level, which is a precondition for the adoption of the 2024 State Budget (23 January 2024).
The 2024 budgets were adopted on entity level - in the Federation of Bosnia and Herzegovina on 24-25 January 2024; in the Republika Srpska on 15 December 2023; in the Brcko District on 23 December 2023; in Posavina Canton 20 December 2023; in Sarajevo Canton on 30 December 2023; in the Zenica-Doboj Canton on 22 Dec 2023 and in Mostar City on 25 January 2024.
The Decision on the quality of liquid fuels was adopted by the Council of Ministers in December 2023. This is an important step for the accession of Bosnia and Herzegovina to the WTO. It is also a measure implementing the Action Plan for the Energy Support Package.
As previously reported, the Republika Srpska entity continues not to recognise the decisions of the Constitutional Court, including those quashing the entity laws on the non-application of the decisions of the Constitutional Court and of the High Representative, as well as on the unconstitutionality of certain entity-level’s criminal provisions on defamation.
In December 2023, the Republika Srpska entity adopted in first reading a draft law on immunity that, if fully adopted, would curtail the accountability of political representatives and challenge legal certainty.
Furthermore, in December 2023, the Republika Srpska entity adopted in first reading a draft law on referendums and civic initiatives that, if fully adopted, would provide the legal basis for a separate electoral administration in the entity.
The Grand Chamber of the Constitutional Court is no longer functional, which has considerable consequences for the efficiency of the Court. As already reported, both entities’ assemblies should swiftly appoint judges to the vacant seats and ensure the full composition of the Constitutional Court.
5. Freedom of association and freedom of assembly
The Ministry of Justice is drafting a strategy for an enabling environment for civil society organisations, which should be submitted to the Council of Ministers for adoption. The Zenica-Doboj Canton (in December 2023) and the Una-Sana Canton (in January 2024) adopted laws aiming to align with European standards on freedom of assembly.
As previously reported, while the overall legal and regulatory framework is broadly in line with the EU acquis, the Republika Srpska entity adopted in the first reading a draft law targeting civil society actors as ‘foreign agents’ which, if fully adopted, would mark a step backwards.
6. Alignment with EU foreign policy
Bosnia and Herzegovina reached and maintained full alignment with the EU Common Foreign and Security Policy (CFSP), signalling its clear commitment to the EU path.
1 2022 Communication on EU Enlargement Policy, COM(2022) 528 final
2 2023 Commission communication on enlargement, COM(2023) 690 final, paragraph 11.
3 European Council conclusions, 14 December 2023, paragraph 17
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