Balkan conference seeks cooperation in 2008

PODGORICA, MONTENEGRO -- Regional Conference “Through Cooperation towards Integration”, which was held for the first time this year in Montenegro, gathered over 150 participants from six countries of the Region, so as the representatives of the EU Member States (Slovenia, Poland, Slovakia and Hungary) and European Commission.

Work on plenary session, gave the summary of the current phases in the European Integration process in Albania, Bosnia and Herzegovina, Croatia, Serbia, Macedonia and Montenegro, with emphasize on the priorities expected by the Governments of the countries from the Region in 2008.

Work in Working Groups, on themes: harmonization with the Acquis and challenges of translating of it, management of the pre-accession funds, civil society strengthening, and reform in the field of justice, freedom and security, provided qualitative exchange of the experiences in the aforementioned areas, and defining of the potential common projects aiming to enhance regional cooperation.

This Conference showed that: the countries of the Region define the European Integration process as the strategic framework for the future development of the countries, they gradually assume so-called „ownership of the process“, and the common goal of the all National Programmes for Integration is the same – full membership in the Union, in line with the fulfilment of all accession criteria.

Although the countries of the Region are currently in the different stages of the integration process towards EU, there is, without any doubt, the significant free room for enhancing of the regional cooperation in this process, based on the good practice of the previous enlargement process, and on clearly defined specific interests of each country included.

Montenegro, as the host country of this year’s Conference has proposed Draft Memorandum on Technical Cooperation in the European Integration process.

The aim of the Memorandum is to enhance cooperation models in the Process, through strengthening of the relations in the following areas:

1. Approximation of the national with the European Union legislation, taking into account priorities in that process,

2. Methods and results of the analysis and evaluations of the efficiency in the process of introducing European standards into legislation and economy,

3. Strengthening of the institutional capacities and enhancing of the competency level in the public administration on matters important for accession to the European Union,

4. Translating of the European Union legislation,

5. Establishing of the manners for utilizing of the European financial instruments in best possible way, including IPA, national and regional programs,

6. Informing of the public on European Union accession process,

7. Strengthening of the cooperation between the Governments and Civil Society in European integration process.

The countries of the Region, with signing of this Memorandum, would strengthen following fields of cooperation:

1. Exchange of the information and experiences,

2. Organization of joint activities and events: meetings, conferences, round tables, forums, on which experts and officials of the signatory Parties will take part,

3. Organization of the joint consultations, initiatives and activities in order to achieve as good results as it is possible in the signatory Parties’ countries in the field of European Integration,

4. Advanced trainings through organizing seminars on matters of European Integration, and instigating experts from the Parties to involve into the aforementioned process,

5. Development of joint initiatives,

6. Exchange of public employees in the field of common interest, having in mind available human resources on both sides.

In order to implement this memorandum, joint cooperation Committee will be established, which would meet once a year at least. The members of the Committee will be appointed by the Governments of all countries, and the Commission representatives will be invited as observers. For all above mentioned fields of cooperation, persons responsible for coordination will be delegated by all country institutions involved.

Having in mind common interest of the all countries in Region for the establishing of the closer cooperation in the accelerated process of association and accession to the European Union, all countries participants of the Conference, supported this initiative, expressing their readiness to define final proposal of the Memorandum in direct communication in following months, with aim of its finalization and signing, the next Regional Conference latest.

Having in mind that the Regional Conferences, until now, have been held in Tirana, Skopje, Belgrade, Sarajevo, and this year in Podgorica, the Republic of Croatia expressed their readiness to be the host of the next Regional Conference on European Integration, in October 2008, in Croatia.

Working Group I

Harmonization with Acquis and Challenges of Translation

CONCLUSIONS

I Legal harmonization

-Legal harmonization is among all Copenhagen criteria for accession, the most demanding one, not only due to new legislation to be drafted and adopted but especially of its implementation and enforcement

-Legal harmonization is needed not only for accession to the EU but also for speeding up transition and to improve competitiveness of economic subject on the way to the functioning of market economy

-Legal drafting is a process which requires key stakeholders to be included (inspectorate, judiciary, regulatory, agencies) for better implementation latter on.

-Role of National parliament in legal harmonization is important, especially through the work of parliamentary working bodies

-Harmonization with Acquis is also at the same time harmonization with domestic legal system as well as with domestic economy. Domestic legal tradition should be respected and transitional periods where needed for economy.

-Trained and educated public employees are crucial for legal harmonization assisted where needed by proper technical assistance.

-Planning and strategy approach with clear coordination role, including also timetable of policies, reforms and measures for implementation is needed, although the main work on legal drafting is on line ministries

II Translation

-Translation of Acquis is a precondition for proper legal harmonization-Central translation coordination unit in each country is recommended which should have coordination role and overview of translation process in the country (register of translated texts, glossaries, manuals, etc.)

-Translation of legal texts requires expert, legal and linguistic revision.-Planning of translation as well as priorities should be done in close connection with legal harmonization priorities (cooperation of institutions).

-After translation of legal text a legal revision is a must, therefore legal revision should be organized by the state.

RECOMMENDATIONS

I Legal harmonization

-Discussion and exchange of views on implementation of SAA and legal harmonization through common bodies (Council, Committee and Subcommittees and Joint Parliamentary Committee) and also through bilateral cooperation.

-Exchange of best practices in implementation of NPAA.

II Translation

-Cooperation within the region in organizing round tables and exchange of experiences concerning organization of translation process with special emphasis on legal revision with TAIEX support.

-Discussion and exchange of practical experience on translation process in the region.-Exchange of already translated texts between countries of the region should be further encouraged to avoid duplication.

Working Group II

Instrument for Pre-Accession and Cross Border Co-operationConclusions and recommendations

1) Different capacities in region countries can create problems in creation of CBC projects between countries (certain funds may be not spent).

2) Mutual cooperation towards common challenges – common projects (Multi-beneficiary IPA), co-financing and establishment of future Decentralized Implementation System structures, increase of capacities of the countries in the region.

3) Regional Technical assistance - need for flexible approach of EC. Emphases should be put on training in Project Cycle Management for local governments, as well as developing Master plan for training and needs assessment.

4) Need for strong cooperation between Government and NGO’s. Country administration should start working on building bridges between potential beneficiaries and NGO’s.

5)Common problem is adjustment of national regulations to EU requirements regarding management of IPA. Strengthening the cooperation with the EU Member States devoted to legal issues.

Working Group III

Civil Society and public private partnership in the EU Integration process

1. Current Status

- Enhancement of the cooperation between the Government and the civil society in the EU integration process

- Neccesity for new forms of partnership between State, profit and non-profit institutions in the European Integration process

a. Profitable (PPP)

b. Non-profitable (NGOs)

c. Interaction between profitable and non-profitable for the interest of the society

- Introducing more favorable legislative, Institutional and financial framework

2. PPP in the process of the European Integration

- Public needs financed by private sector

- Government

- Local Government

- Promotion of the Public Private Partnership as a tool for infrastructural investment

- Long-term planning

- Importance of the regional coordination

- Importance of the institutional and organizational framework

- CSR – Corporate Social Responsibility

3. Common questions related to NGOs

- European good practices regarding legislative framework

- European good practices between

- State and the NGOs

-Private sector and the NGOs

- Finance and its transparency of public funding

- Independence of NGOs

- Participation fee for the EU funded programs

4. Final remarks/recommendations

- Bridging gaps between the Government,Civil society and the private sector in the EU integration process

- Strengthening of the role of the civil society through the social dialogue

- Strengthening of the regional cooperation and communication among the government officies

- Strenghtening of the role of the NGOs in IPA planning and its implementation

- Promotion of the joint activities between profit and non-profit sector (PPP)

Working Group IV

Cooperation in Justice and Home Affairs with emphasize on needs for training on EU Law

Suggestions and Recommendations

1. Establishment of a regional network between involved institutions on mutual legal assistance in criminal and civil matters.

2. Activities to increase capacities in legislative techniques with regard of approximation to the acquis for secretariats for legislation and line ministries.

3. To increase cooperation of training centres, it was agreed to prepare a gathering of representatives from all judicial training centres of the region shortly. At this meeting topics and possibly curricula of short term, mid term and long term training programs including budgetary questions will be discussed and planned. GTZ Open Regional Fund – Legal Reform agreed to support this gathering.

Topics could be:

- Organisation of Implementation of Conventions and reformed laws regarding prevention of corruption.

- Implementation of economic related laws, which were currently reformed within approximation to the acquis.

4. Study visits for judges, prosecutors and civil servants in the region and in new member states to share experience on Approximation and Harmonization matters.

5. Organisation of training for judges to implement European Convention on Protection of Human Rights and Freedoms as interpreted by the European Court of Human Rights.

6. Enhance Regional Cooperation in the Area of Integrated Border Management.

7. Initiate the set up of a comprehensive, internal training program for judiciary and relevant bodies, involved in corruption cases in order to share common knowledge, with support of available pre-accession instruments and other means of support.