4 EU enlargement: Albania
| Committee's assessment
| Politically important
|
| Committee's decision
| Not cleared from scrutiny; further information requested
|
| Document details
| Commission Report: Albania's progress in the fight against corruption and organised crime and in judicial reform
|
| Legal base
| — |
| Department
| Foreign and Commonwealth Office
|
Summary and Committee's conclusions
4.1 In December 2012, with a view to
deciding whether to grant Albania candidate status, the Council
invited the Commission to report as soon as the necessary progress
had been achieved, also taking into account the further action
taken by Albania to fight corruption and organised crime, including
by proactive investigations and prosecutions of such cases. In
its October 2013 progress report, the Commission recommended that
Albania should become a candidate country.
4.2 The December 2013 GAC concluded
that it would examine, on the basis of a report to be presented
by the Commission, continued implementation of anti-corruption
and judicial reform strategies and of recently adopted relevant
legislation as well as a continued trend of pro-active investigations
and prosecutions, including in the area of organised crime; and
in the light of that, and "on the understanding that Albania
builds on the encouraging progress made so far", the Council
looked forward to a decision regarding granting candidate status
to Albania in June 2014, subject to endorsement by the European
Council.
4.3 The Minister for Europe (Mr David
Lidington) said at that time:
"We agree with the Council's
conclusion that more time is needed to demonstrate sustained and
concrete delivery."
4.4 In his Explanatory Memorandum of
16 June 2014, the Minister now summarises the Commission report
thus:
"the report notes that Albania
has continued to make headway in a number of areas, backed up
by demonstrable political will. The report also highlights areas
where further efforts are required to reach EU norms. It confirms
and repeats the Commission's recommendation that Albania be granted
candidate status, but states clearly the Commission's view that
further progress will be needed for Albania to advance to any
subsequent stages of its EU path."
4.5 When we reported on the Commission's
Annual Enlargement Report earlier this year, we said:
"In the short-term, there
is only one outstanding issue: whether or not Albania should be
granted accession candidate status. The Annexes to this chapter
of our Report illustrate the breadth and depth of the issues that
Albania still needs to address.[6]
The Minister highlights the importance of tackling the rule of
law upfront, building track records of effective implementation
and enforcement and developing robust track records on issues
such as organised crime and corruption, in the pre-accession as
well as the accession process. Although the Minister does not
provide any details of what further progress Albania has made,
or of its continued failings, we must presume that these tests
have not yet been met in his eyes, even though some other Member
States apparently take a more positive view.
"Looking ahead to later
this year, when the Minister deposits the further Commission report
for scrutiny, we shall expect him to provide an unqualified statement
of the Government's position. By then, the position will be clear,
one way or the other: there will be no justification for further
prevarication about possible last minute changes on the eve of
the Council meeting."
4.6 In taking this position we took
into account the EU's experience with Bulgaria and Romania, both
of whom — after seven years "in special measures",
under the Cooperation and Verification Regime — have still
to reach the appropriate standards in precisely all of these "good
governance" areas. With this experience and all its consequences
in mind, whether or not, in mid-2014, Albania was going to move
to this next, highly important stage of the accession process
would be both highly important and controversial.
4.7 We could thus not have been clearer
about what was required in order for us to be able to scrutinise
effectively such a significant decision of the Government. As
to the Government's views, the very least that we expected was
an assessment of whether the Minister regards the Commission'
findings as constituting sufficient evidence of "sustained
and concrete delivery." Instead, on this and the Government's
overall position, all the Minister has to say is:
"The Government has not
taken a final view on whether to support the granting of candidate
status. This is a complex decision that requires consultation
across multiple Departments, which is currently in progress. A
decision will be reached in time for the June General Affairs
Council, when the question of candidate status will be discussed."
4.8 All such calculations have been
"a complex decision that requires consultation across multiple
Departments" for many years, with many other countries.
There is no excuse for the Minister not having warned the Committee
in good time that he was not going to accede to the Committee's
long-standing request. Instead, he sent his Explanatory Memorandum
only on 16 June — far too late for it to be considered at
our last meeting, as his staff, if not he, would have known.
4.9 We therefore find the timing
and nature of the Minister's response — which effectively
denies the House the opportunity to scrutinise meaningfully the
Government's position on a highly controversial matter —
unacceptable. Against this background, the Committee is driven
inescapably to the conclusion that, through the Minister, the
Government is showing disrespect to the scrutiny process.
4.10 The Committee therefore invites
the Minister to appear before it on 16 July to discuss these matters.
4.11 Before then, the Committee wishes
to receive a clear explanation of the position that the Government
took in the GAC and the reasons why it took that position.
Full details of the
document: Commission Report:
Albania's Progress in the Fight Against Corruption and Organised
Crime and in Judicial Reform: (36110), 10582/14, COM(14) 331.
Background and previous scrutiny
4.12 The Council is responsible for
decisions on the admission of new Member States; the Commission's
annual report has traditionally provided the basis for the Council
to take stock and give direction to the accession negotiations
and pre-accession reform priorities.
4.13 Commission Communication 14942/13:
Enlargement Strategy and Main Challenges 2013-2014, accordingly
provided a statement of the EU's evolving enlargement strategy,
an assessment of progress, and a look forward to the challenges
and priorities for 2014. Published on 16 October 2013, the Commission
Communication is accompanied by a set of comprehensive Progress
Reports for each of the enlargement countries (including candidate
and aspirant countries) and a Report on Iceland (Iceland remains
a candidate country but the new government decided earlier in
the year to suspend accession negotiations indefinitely). The
other candidate countries are Macedonia, Montenegro, Serbia and
Turkey.
4.14 Potential candidate countries (those
without formal candidate status but with an agreed EU perspective)
are Albania, Bosnia and Herzegovina and Kosovo.
4.15 The Progress Reports analyse the
progress made by individual countries in meeting the Copenhagen
criteria for membership, i.e. political and economic criteria,
as well as the capacity to assume the obligations of membership.
The political criteria require the stability of institutions guaranteeing
democracy, the rule of law, human rights and respect for and protection
of minorities. The economic criteria require a functioning market
economy able to cope with the competitive pressure and market
forces within the Union. The ability to assume the obligations
of membership is based on progress in transposing and implementing
the acquis (the body of EU law). For the purposes of accession
negotiations this is split into 35 chapters ranging from the free
movement of goods, through the judiciary and fundamental rights,
to the environment and financial control.
4.16 The Minister's very helpful and
informative Explanatory Memorandum of 28 October 2013, on a package
of documents that runs to several hundred pages (the main Commission
Communication is nearly 50), forms the basis of our previous Report;
his comments on the main Commission Communication and on each
of the country reports are the sections in italics therein.
4.17 The Minister explained that the
Government was only able to provide an initial position on specific
recommendations because, as conclusions on EU enlargement were
to be adopted at the 17 December 2013 General Affairs Council
(GAC) on, with any formal decisions to be endorsed at the European
Council on 19-20 December 2013:
"there is time for further
developments in the interim. The Government intends to take a
final decision nearer December that will give time for its own
considered analysis of countries' progress, taking into account
any further progress that countries make and the outcomes of the
discussion in the relevant Council working groups. The Government
will keep Parliament updated over the autumn on developments in
its position."
Our assessment
4.18 The open questions in the Minister's
mind appeared to be regarding Commission recommendations on:
- granting candidate status to Albania,
but dependent on further action against organised crime and corruption;
- in favour of opening accession negotiations
with Serbia, depending on the outcome of a review to be published
in December of the implementation of the 19 April agreement between
Serbia and Kosovo; and
- for the fifth successive year, in
favour of opening accession negotiations with Macedonia.
4.19 This was essentially a re-run of
the situation 12 months earlier: our assumption being that, as
then, the Government would reserve its position until the eve
of the European Council. However, there would no doubt be discussion
of these issues at the December GAC. We therefore asked the Minister
to update the Committee on his position on all these issues after
that meeting; and, specifically in the context of Albania, outline
what further action had been taken in the interim against organised
crime and corruption.
4.20 In the meantime we retained all
the documents under scrutiny.[7]
4.21 Our second Report under reference
dealt with Minister's letter of 24 January 2014, the purpose of
which, he said, was to provide an update on the detail of the
UK Government's position and "clarity on the next steps following
the 17 December 2013 General Affairs Council Conclusions (a copy
of which he enclosed with his letter).[8]
4.22 With regard to Albania, we annexed
to our Report (and again Annex, for ease of reference) the Minister's
summary of the previous Commission report on Albania and his previous
comments, together with an extract on Albania from the 17 December
2013 GAC Conclusions.
4.23 The Minister said at that time:
"We agree with the Council's
conclusion that more time is needed to demonstrate sustained and
concrete delivery."
4.24 We noted in our Conclusions, with
regard to the "enlargement package" as a whole:
"In the short-term, there
is only one outstanding issue: whether or not Albania should be
granted accession candidate status. The Annexes to this chapter
of our Report illustrate the breadth and depth of the issues that
Albania still needs to address. The Minister highlights the importance
of tackling the rule of law upfront, building track records of
effective implementation and enforcement and developing robust
track records on issues such as organised crime and corruption,
in the pre-accession as well as the accession process. Although
the Minister does not provide any details of what further progress
Albania has made, or of its continued failings, we must presume
that these tests have not yet been met in his eyes, even though
some other Member States apparently take a more positive view.
"Looking ahead to later this
year, when the Minister deposits the further Commission report
for scrutiny, we shall expect him to provide an unqualified statement
of the Government's position. By then, the position will be clear,
one way or the other: there will be no justification for further
prevarication about possible last-minute changes on the eve of
the Council meeting."
The Commission Report
4.25 The Commission responds to the
December 2013 GAC Conclusions, and assesses Albania's progress
as regards organised crime and corruption, and on judicial reform,
in order to assist with the Council's imminent consideration of
whether Albania should be granted candidate status. Those Council
Conclusions said:
"The Council will examine,
on the basis of a report to be presented by the Commission, continued
implementation of anti-corruption and judicial reform strategies
and of recently adopted relevant legislation as well as a continued
trend of pro-active investigations and prosecutions, including
in the area of organized crime. In the light of this report, and
on the understanding that Albania builds on the encouraging progress
made so far, the Council looks forward to a decision regarding
granting candidate status to Albania in June 2014, subject to
endorsement by the European Council."
The Government's view
4.26 In his Explanatory Memorandum of
16 June 2014, the Minister first summarises the report as follows:
"The report focuses primarily
on the issues identified for further progress at the December
General Affairs Council, which were action against corruption,
the fight against organised crime, and judicial reform. It also
highlights some additional key developments in economic and public
administration reform. It covers the period since the October
2013 Progress Report.
"In summary, the report notes
that Albania has continued to make headway in a number of areas,
backed up by demonstrable political will. The report also highlights
areas where further efforts are required to reach EU norms. It
confirms and repeats the Commission's recommendation that Albania
be granted candidate status, but states clearly the Commission's
view that further progress will be needed for Albania to advance
to any subsequent stages of its EU path."
Anti-corruption measures
4.27 The Minister next focuses on the
conclusions of the report on Albania's progress on anti-corruption
measures. He says:
"The report notes that Albania
has strengthened its legal and institutional anti-corruption framework.
Progress includes:
a. Appointment of a National
Coordinator for Anti-Corruption to manage activity across key
state bodies.
b. The National Anti-Corruption
Strategy, developed through widespread consultation, has been
finalised but remains to be adopted by parliament. This strategy
needs to be followed up by comprehensive action plans.
c. Completion of a Memorandum
of Understanding between law enforcement agencies to establish
a common platform for proactive investigations. However, more
needs to be done to enhance cooperation and capacity within law
enforcement.
d. Changes in Criminal Procedure
Codes to increase focus on high level corruption.
e. Strengthening of legislation
on seizure of assets obtained through corruption.
f. Stricter requirements on
declaration and scrutiny of declaration of assets and conflict
of interest for public officials.
"The report states Albania
has also continued to work on developing a track record:
g. 16% increase in prosecution
of corruption cases
h. Convictions at District Courts
down by 8%, but up by 81% at Appeal Courts
i. Five ongoing investigations
into judicial corruption, and one conviction to date. Several
judges and prosecutors reported for conflict of interest.
j. 25 senior officials awaiting
trial for corruption offences.
"Overall, the report states
that the political will to crack down on corruption has continued,
and that positive work has been carried out on structural changes
to facilitate this. However, the report notes final convictions
for corruption remain low, especially in high profile cases. This
highlights the need for judicial reform to further strengthen
the independence, efficiency and accountability of the judiciary.
Albania will need to continue to build a solid track record of
investigations, prosecutions, and final convictions as reform
progresses."
Fight against organised crime
4.28 The Minister turns next to the
conclusions of the report on the fight against organised crime:
"Albania has increased its
cooperation with international partners, organising successful
police operations against narcotics, human trafficking and seizures
of explosives. Albania also participated in the extradition of
wanted criminals in both directions with the EU.
"On human trafficking, Albania
has revitalised its national referral mechanism, launched awareness
raising campaigns, established a help-line for victims of trafficking,
and is finalising its new national strategy to tackle human trafficking.
However, final conviction rates for trafficking remain low and
mechanisms to identify victims of trafficking need to be strengthened.
"Albania has increased drug
seizures and prosecutions for drug trafficking. For example, the
reporting period saw 51 arrests on international smuggling charges
as opposed to 31 in the same period last year. There was also
a 750% increase in cocaine seizures, albeit against a low baseline.
The report also calls for closer linkages between drug investigations
and financial investigations.
"Overall, international cooperation
has intensified and prosecutions have gone up, but drug cultivation
(mainly cannabis) needs to be tackled, and closer cooperation
between law enforcement bodies is required, particularly on the
use of financial investigations. To advance further, Albania needs
to make continued efforts to develop its track record on tackling
organised crime.
Progress on judicial reform
4.29 Concerning progress on judicial
reform the Minister says:
"Albania announced judicial
reform measures in January and is in the process of completing
its strategy for 2014-2020. It is working closely with the Venice
Commission (judicial experts within the Council of Europe), which
has developed a set of recommendations to improve the independence,
accountability and capability of the judiciary.
"Steps have been taken to improve
the transparency of the system for the appointment, promotion
and transfer of judges.
"This includes establishing
that appointment should follow an examination by the six Administrative
Courts, the Administrative Court of Appeal, and the Administrative
College of the High Court. This is an area that will require continuing
efforts.
"Amendments have been made
to the Code of Criminal Procedure to introduce procedures to lift
officials' immunity, and six cases of suspected corruption have
been passed on to the prosecutor. Furthermore, the Ministry of
Justice has instigated non-criminal disciplinary proceedings for
the High Council of Justice to review against 19 judges, with
one judge already dismissed. However, further work needs to be
done on limiting immunity and rooting out corruption, and disciplinary
procedures need strengthening."
"Overall, the report states
that Albania has demonstrated its commitment to judicial reform,
and welcomes the cooperation with the Venice Commission. Measures
to improve the accountability and professionalism have begun,
but further reform in these areas will need to be pursued rigorously.
The report's conclusions
4.30 The Minister then summarises the
Government's overall view of the report's conclusions in the various
discrete areas of concern:
"The Government welcomes the
Commission's assessment of areas that are of key concern to the
UK. The Government notes the reported progress on strengthening
the structures to tackle organised crime and corruption, and acknowledges
the increase in prosecutions. Further efforts will be required
in a range of JHA areas, including human trafficking, economic
crime and drugs. The Government is also concerned that judicial
corruption means that the number of final convictions remains
low, but welcomes Albania's efforts to root out this problem."
Granting of candidate status
4.31 On the wider issue of the recommendation
by the Commission for Albania to be granted candidate status,
the Minister says:
"The Government notes the recommendation
by the Commission for Albania to be granted candidate status,
alongside the frank assessment that more work will be needed by
Albania to continue reforming and establish more solid track records
on organised crime, corruption and judicial reform.
"The Government has not taken
a final view on whether to support the granting of candidate status.
This is a complex decision that requires consultation across multiple
Departments, which is currently in progress. A decision will be
reached in time for the June General Affairs Council, when the
question of candidate status will be discussed."
4.32 The Minister explains that as part
of the decision process, the question of whether Albania should
be granted candidate status:
"is currently under discussion
by the European Affairs Committee on the basis of the Commission
Report and other available evidence. I will write to the European
Scrutiny Committee with the Government's final position at the
relevant time."
Previous Committee Reports
None; but see (35395) 14942/13, (35399)
14946/1/13, (35400) 14947/13, (35401) 14948/13, (35398) 14945/13,
(35396) 14943/13, (35397) 14944/13, (35402) 14949/13, (35403)
14950/13: Thirty-third Report HC 83-xxx (2013-14), chapter 18
(29 January 2014) and Twenty-Second Report HC 83-xx (2013-14),
chapter 11 (6 November 2013).
Annex 1: The Minister's summary
of the Commission report on Albania and his comments, contained
in his Explanatory Memorandum of 28 October 2013
ALBANIA
"In view of progress made, the
Commission recommends granting Candidate Status, on the understanding
that Albania continues to take action against organised crime
and corruption.
"Albania has made progress against
some aspects of the political criteria, including the passing
of relevant legislation and broadly well-conducted elections,
but further progress is required in other areas.
"The report outlines where progress
has been made in improving the efficiency and independence of
the judiciary, and in tackling organised crime and corruption,
but highlights that much more needs to be done in all these areas.
"Democracy and the rule of law.
Despite a tense build-up, the Parliamentary Elections in June
were broadly well-administered, and resulted in an orderly transition
of power. Just prior to the elections, Parliament passed the three
key measures on the Public Administration, the High Court, and
on Parliament. However implementation of the measure on the Public
Administration - designed to depoliticise the civil service -
has been delayed until mid 2014. In general, legislation relating
to public administration reform needs to be implemented more fully.
"Positively, the reporting period
witnessed the adoption of several pieces of legislation designed
to improve the efficiency and independence of the judiciary, including
the Law on the High Court, the Law on the Judicial Administration,
and amendments to the Criminal and Civil Codes. However more needs
to be done to strengthen the appointment processes of judges,
including transparency, and on disciplinary procedures against
lawyers.
"In the fight against organised
crime and corruption, the report assesses that there has been
an increase in the number of investigations and convictions, due
in part to increased cooperation between relevant institutions.
But organised crime and corruption remain widespread problems
in Albania, and further efforts are needed, particularly around
enhancing capacity and ensuring the independence of institutions
from political pressure.
"Human rights and protection
of minorities. There has been uneven progress, with further
legislation on freedom of expression being adopted, but with legislation
on anti-discrimination either not being implemented (e.g. on LGBT
issues) or not yet in place (e.g. on Roma rights). Discrimination
against vulnerable groups such as the LGBT and Roma remains a
problem.
"Regional issues and international
obligations. Albania continues to play an active role in international
and regional organisations, and is working constructively with
neighbours on commercial initiative such as the Trans-Adriatic
Pipeline. A short-lived rise in nationalist rhetoric in late 2012
(around its 100 year anniversary) triggered concern in neighbouring
countries but has since died away.
"As regards the economic criteria,
Albania has maintained macroeconomic stability and inflation remained
low, but growth is slowing. Public debt increased to 62%, and
unemployment remains high. The tax administration remains inconsistent
and weak.
"As regards Albania's ability
to take on the obligations of membership, there has been progress
in a number of areas, including public procurement, freedom and
security, customs, and statistics. However, there has been little
progress on intellectual and industrial property rights, the energy
sector, and environmental protection.
"The Government welcomes the
Commission's assessment of Albania's progress and agrees that,
while progress has been made in some areas, further efforts are
required, especially on the judiciary and tackling organised crime
and corruption. The Government also agrees that there must be
greater efforts around implementation of legislation across the
board. The Government will monitor progress on the remaining key
areas of concern before taking a final decision on Albania's readiness
for candidate status nearer the December GAC, based on all progress
up to that date. The Government will continue to urge Albania
to make the necessary progress and will support these efforts,
including through project work in support of the rule of law."
Annex 2: extract from the 17 December
2013 General Affairs Council Conclusions on Albania
"ALBANIA
"36. In December 2012, with a view
to deciding whether to grant candidate status, the Council invited
the Commission to report as soon as the necessary progress had
been achieved, also taking into account the further action taken
by Albania to fight corruption and organised crime, including
by proactive investigations and prosecutions of such cases. In
this regard, the Council welcomes the adoption by Albania of the
relevant key judicial, public administration and parliamentary
reform measures with cross-party consensus as well as the successful
conduct of the parliamentary elections in June. The Council welcomes
the further action taken in the fight against corruption and organised
crime, the commitment of the new government and commends its intensified
efforts in these areas and encourages the authorities to maintain
this new momentum. The Council will examine, on the basis of a
report to be presented by the Commission, continued implementation
of anti-corruption and judicial reform strategies and of recently
adopted relevant legislation as well as a continued trend of pro-active
investigations and prosecutions, including in the area of organised
crime. In the light of this report, and on the understanding that
Albania continues to build on the encouraging progress made so
far, the Council looks forward to a decision regarding granting
candidate status to Albania in June 2014, subject to endorsement
by the European Council.
"37. In line with its 5 December
2011 conclusions, the Council notes that the opening of accession
negotiations will be considered by the European Council, in line
with established practice, once the Commission has assessed that
Albania has achieved the necessary degree of compliance with the
membership criteria. Further to the Commission's 2010 Opinion
and recalling the conditions set out in its 11 December 2012 conclusions,
the Council underlines that Albania will need to meet the key
priorities for the opening of accession negotiations. The Council
underlines in particular the need to intensify efforts in the
rule of law area, particularly reform of the judiciary, fight
against organised crime and corruption and protection of human
rights and anti-discrimination policies, including in the area
of minorities, and their equal treatment, and implementation of
property rights. Sustained implementation of reforms will also
be required. The Council welcomes the launch of a high level dialogue
on the key priorities.
"38. The Council underlines that
constructive and sustainable dialogue between the government and
the opposition on EU-related reforms will be vital in securing
Albania's EU future. It encourages the Albanian government to
pursue its policy aimed at improving economic governance and investment
climate. It welcomes Albania's continued constructive engagement
in regional cooperation and good neighbourly relations, which
remains essential."
6 Reproduced in the Annexes to this chapter of our
Report also. Back
7
See our Twenty-Second Report, HC 83-xx (2013-14), chapter 11 (6
November 2013). Back
8
The Council Conclusions are available at http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/genaff/140142.pdf. Back
|
