Aspects and Techniques of European Integration: A programme in support of democratic parliamentary practice in Serbia and Montenegro

Background

The union between Serbia and Montenegro is often referred to as being an unhappy marriage. In February 2003, the name of the country changed from Federal Republic of Yugoslavia to "Serbia and Montenegro." Under the new Constitutional Charter, most federal functions and authorities devolved to the republican level. The republics also have different currencies, Montenegro using the Euro and Serbia the dinar. As a result, both republics already enjoy substantial autonomy and many would like to see the largely ceremonial State Union come to an end. The State Union is widely considered a product of pressure from the international community and the EU in particular.

The inclusion of the Western Balkans in the European Union integration process is now official EU policy, and is shared among political establishments throughout the countries in this region. The EU has repeatedly insisted that the integration process requires the joint state of Serbia and Montenegro. Croatia has already been granted candidate status and within five months will formally open negotiations on accession. Macedonia is currently involved in the Stabilisation and Association Process(SAP) and has already submitted a formal request for EU membership. Albania is in talks with the EU about the SAP. As far as Serbia and Montenegro is concerned, both governments have been at a standstill for two years and have recently decided to begin a twin-track approach, which involves the economies of Serbia and Montenegro being integrated separately into the EU – although the State Union will remain Europe’s overall partner. The two-track approach was first aired in early September 2004 at the Maastricht Summit where Foreign Ministers of the 25 EU member countries agreed to step up the accession process for Serbia and Montenegro. This decision provides a great opportunity for Serbia and Montenegro to unblock and step up the Stabilisation and Association Process, and to emerge from the trap in which they find themselves.

Serbia

On 28 December 2003 parliamentary elections were held in Serbia, one year prior to the expiration of the mandate of the parliament elected in 2000. Four democratic parties formed the coalition Government – DSS, SPO-Nova Srbija and G17, which relied on the support of the Serbian Socialist Party (SPS). This minority Government is fragile in the sense that the SPS might withdraw its support on the issue of cooperation with the International War Crimes Tribunal. Following the presidential elections in Serbia (June 2004) and the victory of Boris Tadic, the candidate of the Democratic Party (DS), who was supported by all democratically oriented parties against the right wing candidate Tomislav Nikolic (Serbian Radical Party), there has been improved cooperation between the Government and DS. Although in opposition, DS voted for many bills and amendments proposed by the Government, which signaled a step forward for a constructive approach in Serbia's parliamentary life. This potential cooperation is additionally strengthened by the results of recently held local elections (September 2004), which show that future coalitions between DSS and DS are to be expected on local levels. All this might lead to normalization of the political situation in the Serbian Parliament and potential inclusion of DS into the Government. A second feature of the current Parliament is the strengthening of its legislative and oversight role, in the sense that there is much more intra and inter parliamentary dialogue, the voices of opposition are more appreciated by the Government and vice versa. The political atmosphere has improved since the decision by the ruling coalition that parliamentary committees should more or less reflect the real proportions of MPs in the parliament, and that many important committees would be headed by the opposition.

Montenegro

Montenegro’s political institutions and population are divided over the question of whether Montenegro should remain in one state with Serbia. The establishment of Serbia and Montenegro in February 2003 led to political instability and a call for early elections. These elections did not bring any major changes in the political landscape; social-democrats are still in the ruling majority in Montenegro.

In the Montenegrin Parliament majority seats are taken by the coalition of the Democratic Party of Socialists (DPS) and the Social Democratic Party (SDP). The opposition Socialist People’s Party (SNP), Serbian People’s Party (SNS) and People’s Party (NS) have been boycotting parliament for almost two years, following the adoption of a law which banned televised parliamentary sessions. In the long run this jeopardizes the parliamentary process. Due to the efforts of Ambassador Massari, Head of the OSCE Mission to Serbia and Montenegro, the tension is about to be diffused. The leading opposition party, SNP, has signaled that it might return to parliamentary sessions. Currently there is a re-grouping of opposition parties around this issue. There are indications that In the near future there will be mutual agreement and the continuation of normal parliamentary life.

State Union

The parliament of the State Union is still not functioning properly, as a result of such unresolved important issues as the referendum on Montenegrin statehood and the new direct elections of MPs. Despite the Montenegrin government’s steady pro-independence standing, public opinion is more divided. In research conducted in April 2004, 39.8% was in favour of independence, 39.7% was against independence and 20.5% had no opinion. It is mostly supporters of pro-Serbian parties and the Group for Change who are against Montenegrin independence. The opposition parties SNP, SNS and NS engaged in a negative campaign accusing the government of being anti-European because of their pro-independence standings. The EU put further pressure on Djukanovic's regime when the 2003 census showed that the number of people who describe themselves as Serbs rose to more than 30 percent (from 9 percent in 1991), along with 40 percent who identify themselves as Montenegrins. Both the EU and ethnic Serbs remain strongly opposed to Djukanovic's separatist ambitions, a position which was strengthened by the formation of a new Serbian government that opposes Montenegrin independence. When the situation in the respective republic parliaments improves, it is expected that this institution will overcome its current difficulties. Since entry into the process of European integration is a strategic goal for both members of the State Union, and since the State Union will be the primary negotiator with European institutions, it follows that all political actors will invest maximum effort to strengthen its capacities and competences.

The republican parliaments of Serbia and Montenegro and the State Union parliament should be assisted in reinforcing their role as the supreme legislative and representative bodies called upon to provide political leadership, and to decide and regulate by law matters of crucial importance for the economic and social transformation of the whole country. Across all three parliaments there is an important need for MPs to gain insight into parliamentary practices in both older, established European democracies as well as new EU member countries (e..g. the Netherlands and Slovakia). It is crucial that parliamentarians understand the importance of performing their functions not only in the interest of the party or political group which they represent, but in the interest of the public they represent. The task at hand is to develop the institutional capacity to handle the European integration process, which requires effective coordination.

Co-operation with The Hague Tribunal

The International Criminal Tribunal for the former Yugoslavia (ICTY) was established in May 1993 and all UN members are obliged to co-operate fully with it. It has jurisdiction over individuals responsible for war crimes committed in the territory of the former Yugoslavia since 1991. At the moment 38 indicted war criminals are detained, among them Slobodan Milosevic. Willingness to co-operate with the tribunal is far from accepted in Serbia. The current government’s attitude towards the tribunal in The Hague is ambivalent.

Due to the strong position of the Serbian Radical Party (SRS) in the parliament and the dependence of the government on the support of Slobodan Milosevic's Socialist Party of Serbia (SPS), co-operation with the ICTY may lead to political instability. If the government co-operates with the tribunal, the majority might fall apart, as there is a good chance the socialists will withdraw support. If it fails to cooperate with the tribunal, Serbia will be treated as a pariah by the international community.

European integration

European integration has been an important element of the political debate within and outside Serbia and Montenegro. One of the most outstanding statements on the partnership between the EU and the country came after the assassination of Serbian PM Zoran Djindjic. Commissioner Patten and High Representative Solana gave a strong message to the country that the EU regards Serbia and Montenegro as an important partner and that it strongly supports its stability and democratic development.

The European Union has been engaged in stimulating peace and democracy in Serbia and Montenegro for some time. A major step in this respect was the foundation of the Stability Pact on 10 June 1999, at the EU's initiative. The Kosovo crisis acted as a catalyst in strengthening international political will for undertaking action in the region. The EU has a leading role and the Stabilisation and Association Process, which includes the possibility of full membership when compliance is made with the Copenhagen criteria. At the Thessaloniki Summit in June 2003, the EU again sent a strong message that the Western Balkans is a crucial priority for Europe. The summit delivered an agenda for the integration of the Western Balkans into the EU, and set out a clear plan to fulfill all the related criteria and conditions of accession.

The European Union and its member states are collectively the most important donors in Serbia and Montenegro. In addition, the EU played a leading role in reinforcing the State Union, holding Serbia and Montenegro together in one state. Local opinion polls show that around 70% of the public is in favour of joining the EU. However, membership in the EU is considered to be something for the distant future, while support for joining the EU shows a sharp drop when conditions are mentioned, co-operation with the tribunal in the Hague being the most controversial. Constitutional problems in the shape of the unstable agreement between Serbia and Montenegro on the State Union and uncertainty over the final status of Kosovo seem to be main obstacles toward signing a Stabilisation and Association Agreement in the near future.

All three parliaments in Serbia and Montenegro lack the institutional capacity to deal with the European integration process. Both the republics and the state union are lagging behind in making a critical effort towards the harmonization of domestic legislation with the aquis communitaire. Currently, a procedure has begun in the Serbian Parliament to pass a resolution on the national consensus on European integration, which will pave the way for speeding up the relevant legislative work. The resolution has been prepared and discussed in detail in the recently established European Integration Committee in Parliament. As expressed in an official letter of support signed by the Speaker of the Parliament of Serbia, Mr. Predrag Markovic (attached to this application) and numerous bilateral contacts with the head of the European Integration Committee, Mrs. Ksenija Milivojevic, the parliaments are in serious need of external support from civil society representatives and EU colleagues in order to strengthen their capacities in such areas as harmonization of legislation with EU standards,and the establishment of mechanisms to communicate and discuss draft laws with key stakeholders in society. Work on a similar resolution in the Parliament of Montenegro is currently being driven by a strong group of NGOs, including the European Movement in Montenegro, CEDEM, Group for Changes and the Center for the Development of NGOs. The Head of the European Integration Committee of the Parliament of Montenegro, Mr. Miodrag Vukovic welcomes this initiative and has expressed his willingness to support it in Parliament. There is strong cooperation between civil society actors from Serbia and Montenegro in the exchange of experiences regarding the establishment of a political and social consensus on European integration. At the level of the State Union project partners have established cooperation with Mr. Oliver Dulic, Head of the European Integration Committee of the State Union Parliament. Mr. Dulic has explicitly requested from us support by means of provision of information, exchanges with parliaments of the EU member states, in order to enhance capacities needed for successful legislative efforts at the state level, both for elected members of the Parliament and for the staff members working primarily for the Committees on European Integration.

In order for these two parliaments to deal with EU integration processes and meet the legislative and political challenges of such an enormous endeavor, they have to strengthen their institutional capacities in matters such as:

• Aspects and techniques of EU legislative standards and their compatibility with domestic legislation;
• Providing opportunities for members and staff from the three parliaments to exchange first hand knowledge with their Dutch/regional counterparts and their colleagues from one of the new EU member states;
• Improving practical aspects of communicating the legislative agenda regarding EU accession with citizens;
• Providing for informal channels of communication for exchange of experience among members of all three beneficiary parliaments involved in the work of European integration, including representatives of civil society;
• Enhancing coordination and synergy between the two republican parliaments and the State Union;
• Providing conditions for better utilization of existing human resources in Serbia and Montenegro in order to ensure sustainability.

Programme objectives

• Promote constructive dialogue between members of both republican parliaments and the state union parliament;
• Provide comparative expertise from old and new EU member states;
• Enhance MP’s awareness of their duties as legislators in the European Integration process;
• Create a network of personal and professional ties between the Serbian and Montenegrin MPs, and between them and EU counterparts;
• Increase parliaments’ legislative capacity to deal with EU integration issues;
Improve MPs’ negotiating techniques;
Foster better relations between civil society representatives and Members of Parliament;
• Increase public awareness of European integration issues.

Programme duration

August 2005 – November 2007

Funding

Funding for the programme Aspects and Techniques of European Integration: A programme in support of democratic parliamentary practice in Serbia and Montenegro is provided by the Netherlands Ministry of Foreign Affairs.

Implementing Partners

This project is coordinated jointly by the EWPPP in Amsterdam, in cooperation with the House of Representatives of the Dutch Parliament. The EWPPP partners in the region include the European Movement in Serbia (EMINS) and the Centre for Democratic Transition (CDT) in cooperation with the Serbian Parliament, the Montenegrin Parliament, and the State Union Parliament.

Programme Activities

The Hague/Brussels 29 January-2 February 2006

"Working Visit of the Representatives of the National Assembly of the Republic of Serbia, the Assembly of the Republic of Montenegro, and the State Union Assembly of Serbia and Montenegro to the Parliament of the Netherlands and the European Parliament"

Podgorica , Montenegro 17-19 March 2006, In-country workshop, "EU Integration after the Referendum"

Participants included representatives of the Parliaments of The Netherlands, Serbia and Montenegro. EWPPP staff and Serbian and Montenegrin NGO representatives also took part. This workshop focused on building a political and social consensus during and after the referendum on Montenegrin independence, to be end in May 2006.

Podgorica , Montenegro 22-24 June 2006, Assessment visit

This consultative meeting addressed programme implementation in light of the recently proclaimed independence of Montenegro. Participants agreed that Montenegro’s independence had definitely excluded the Union Parliament from all programme components. In spite of the Union’s dissolution in May 2006, however, participants concurred that this two-state solution would actually put relations between the two republics on a healthier basis and make them easier to maintain.

Belgrade, Serbia 3 November 2006, Roundtable, "Parliamentarian Cooperation in the Current Political Framework"

Participants included representatives of the Parliaments of the Netherlands, Serbia and Montenegro. This Roundtable was comprised of panel discussions on the following topics: 'Establishing a partnership between parliamentary committees', 'Improvement of parliamentarians' legislative capacities' and 'Comparative experience on constitutional issues'. Representatives of EWPPP and its local partner organizations were also on hand.