PURPOSE: presentation of the 2005 progress report concerning Serbia and Montenegro.
CONTENT: This report provides a balance sheet of the progress made by Serbia and Montenegro with regard to the Copenhagen fundamental criteria:
1) political criteria:the political situation,the state of democracy and rule of lawin Serbia and Montenegro, constitutional and legal certainty has remained precarious. While the legitimacy of the State Union Parliament has been restored and functioning of the Serbian parliament has improved with the adoption of new rules of procedures, the overall functioning of democratic institutions remains affected by structural weaknesses. No actual progress has taken place as regards the revision of the Constitutions of the two Republics. The resolution of institutional and constitutional issues is an absolute priority in order to comply with international democratic standards. There has been progress in both Republics concerning the legal framework of public administration reform, but the implementation of this reform is still at a very early stage. Defence reform continues to meet serious obstruction, due to insufficient democratic control and lack of transparent financial management The State Union Court has started working although its capacity remains weak and the agreement on the scope of its powers is still largely untested. The transfer of powers of military justice to civilian courts has been implemented smoothly, with the exception of the considerable backlog of the administrative cases. The judiciary has continued to be affected, especially in Serbia, by serious weaknesses and its independence is undermined by undue political interference. Corruption remains a serious concern and
In regard, to human rights, progress has been made in implementing the commitments undertaken by when joining the Council of Europe notably with the appointment of Government Agent for the European Court of Human Rights. There have been problems with regard to freedom of expression and civil society. Cases of police ill-treatment have occurred. Little progress has taken place in relation to the investigation of crimes committed during the previous regime. Serbia and Montenegro have achieved significant progress in co-operation with the ICTY, in particular delivering a significant number of indictees to The Hague Tribunal, although this process is still sometimes obstructed by parts of the administration and the army. Further, though limited, progress to bring remaining fugitives to justice must be continued until full co-operation with ICTY is achieved. Belgrade has intensified dialogue with Pristina on technical matters of common interest. However, it has not actively encouraged Kosovo Serbs to participate in the Provisional Institutions of Self-Government. Belgrade’s constructive engagement on the Kosovo issue will help to advance Serbia and Montenegro ’s European perspective, while obstruction could turn into an obstacle. Regional co-operation at the multilateral and bilateral level continues to improve, although sporadic problems occur.
2) economic criteria: In both Republics, the economiesoperate to some degree within the framework of functioning market principles. Further vigorous reform efforts are necessary to address the shortcomings in competitiveness.
3) progress towards implementing the acquis: Serbia and Montenegro have both made progress towards meeting European standards. In the area of internal market, both Republics have made overall some good progress. They must now continue to make sustained efforts to improve legislative and administrative capacities with a view to future SAA obligations. They must also avoid creating new barriers between them. The main areas in which sustained reform efforts are needed are the following: