Is the green light for opening negotiations a reason for celebration or concern?

Written by: Dr. Enver Išerić

The European Commission has recommended that the European Council make a decision on opening the negotiation process between Bosnia and Herzegovina and the European Union. Such a recommendation should be welcomed, and I am sure that the citizens of Bosnia and Herzegovina overwhelmingly support our country's accession to the European Union. The reason is very simple – Bosnia and Herzegovina will be economically stronger, more secure, more democratic, and more dangerous for crime and corruption.

If that is the case, then we can ask whether the representatives of the authorities in Bosnia and Herzegovina truly care about membership in the European Union. They assure us that they do. And to be honest, some of them do care. The majority do not.

Because, if there were a genuine desire for membership in the European Union, which implies the rule of law, then the authorities would tirelessly work on fulfilling the set conditions and adopting laws aligned with European standards.

It is sad to hear, after the green light from the European Commission, the praises of some politicians about how progress has been made in one year as in the previous ten years. That is simply not true, no matter how much someone claims it, even if they are representatives of the European Union.

HDZ BiH is "proud" that the European Commission recognized the progress our homeland has made in the previous period, stating "we are especially proud that this happened during the term of the Council of Ministers of Bosnia and Herzegovina, chaired by the Chairwoman of the Council of Ministers and Vice-President of HDZ BiH, Borjana Krišto." Such a perspective is understandable, but all of this would have happened if anyone else were at the head of the Council of Ministers. HDZ cannot claim this for itself and consider itself the leader of European integration. HDZ never was that. If there was a genuine desire for our country's accession to the European Union, why has public administration reform in the entire Bosnia and Herzegovina been blocked for almost ten years? Let the former and current authorities answer that question to the citizens. All are to blame for the blockades of this reform, but the leaders were SNSD and HDZ. And public administration should and must have been equipped for all other reforms.

Furthermore, the start of negotiations is being used to adopt laws that absolutely do not meet the requirements of the European Commission. The best example of this is the Draft Law on the Court of Bosnia and Herzegovina, which, under the pretext of forming an Appellate Division that already exists in the Court, reduces the jurisdiction of the Court of Bosnia and Herzegovina. The court's jurisdiction should be strengthened and the harmonization of judicial practice in the application of laws in Bosnia and Herzegovina should be ensured. The current seat of the Appellate Division is in Sarajevo, and the Draft Law plans to change its seat to the RS entity, i.e., Lukavica or Banja Luka.

What is particularly concerning is the fact that Article 19 of the new law allows the Appellate Division to decide on the transfer of jurisdiction from the Court of Bosnia and Herzegovina to another court in the entity or BD when the Court of Bosnia and Herzegovina is prevented from acting due to factual or legal reasons.

Such a provision does not exist in the current law, and it is justifiably questioned why the jurisdiction of the Appellate Division is prescribed for transferring jurisdiction to another court, without defining the factual and legal reasons for preventing the Court of Bosnia and Herzegovina from acting in a specific case.

The process of Bosnia and Herzegovina's accession to the European Union must involve strengthening the state and the rule of law, not weakening it. Under the pretext of exceptional progress and the merits of domestic politicians willing to "compromise," HDZ BiH continues to insist on so-called legitimate representation in the Presidency of Bosnia and Herzegovina, even though it is contrary to all European and international principles and values.

And finally, HDZ BiH should align its views on who is truly "responsible" for the recommendation to open negotiations with Željana Zovko, a European Parliament member and former ambassador of Bosnia and Herzegovina, who stated "that Croatian Prime Minister Andrej Plenković brought European officials to Sarajevo to show them 'what can happen' if BiH does not get a green light for EU negotiations." From her statement, we could conclude that Bosnia and Herzegovina received the green light precisely because of inaction and blockades, but also because, as Zovko claims, Bosnia and Herzegovina could be the next hotspot.

If we add to this the warnings of US intelligence services, as reported by the media, that Milorad Dodik, who is a contractor for the Serbian world, is ready to tear BiH apart and secede the RS when the Kremlin and Belgrade give the signal, then there is no need or reason for any celebration or false presentation of one's own inaction as a success that pulls us forward.