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Serbia will have to normalize relations with Kosovo before negotiating with the EU

(BRUSSELS2) In its "opinion" on the accession to the European Union of new Balkan countries, the European Commission recommended granting the status of candidate country to Serbia but also clearly laid down certain conditions for the opening negotiations with the country inheriting Yugoslavia, in particular to pacify its relations with its neighbours, in particular Kosovo and to allow the EULEX mission (rule of law) to work without fear in the north of Kosovo.

Conditions set

The Commission document specifies that the negotiations will be opened " as soon as significant progress is made in several key areas which are five in number. Let us quote in particular " the normalization of relations with Kosovo, in accordance with the principles set out in the Association and Stabilization Agreement " and an " active cooperation with the EULEX mission with the aim that it can exercise its functions in all parts of Kosovo (nb: the north of Kosovo is thus targeted), specifies the document.

Several other conditions are specified: full respect for the principles of regional cooperation; provisions of the Energy Community Treaty; solutions found for telecommunications and the mutual recognition of diplomas. The Commission also specifies that Serbia will have to continue to implement in good faith all agreements finalized ».

A revision of the Copenhagen criteria

The European executive thus enshrines in "technical" terms the political maxim posed by German Chancellor Angela Merkel during a visit to Belgrade at the end of August: no accession of Serbia to the EU as long as it has not solved the problems of Kosovo. A position that is not isolated in Europe. Most European countries do not want to renew the Cypriot episode, with a problem of separation from the island that is currently unresolved. And many of them are not unhappy to see the entry into the Union of one more member delayed in this way.

In doing so, the Commission is reforming without saying so the "Copenhagen criteria" setting the roadmap for countries wishing to join the Union by adding a criterion which seemed implicit but which it is better today to specify expressly: live in peace with its neighbors and have normalized its relations and other disputes. A fairly logical development after all. The Copenhagen criteria (text here) are not intangible and do not have intangible constitutional force. They were, in fact, fixed for the accession of the countries of central and eastern Europe. Nothing therefore prevents them from being directed differently according to the characteristics of the countries concerned. The tumultuous past of the Balkans, like that of certain other countries (Georgia, Ukraine, etc.) which could knock on the door of the European Union tomorrow, logically imposes this addition.

Good on Foreign Affairs, bad on Justice and the Interior

As regards the transcription of the community acquis by Serbia, the report of the Commission delivers a “Good” for certain matters like the policy of defence, security and foreign affairs as well as the external relations; “If it continues its efforts, Serbia should in the medium term have the capacity to fulfill the required conditions in these areas. On the other hand, it delivers an "Insufficient" for four subjects including fundamental and judicial rights and justice and internal affairs. " Serbia must make considerable and continuous efforts to align with the acquis communautaire »

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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