FRONTEX in BiH under command of multiple police forces, CSS warns of possible complications

(Patria) - Despite the fact that every step of Bosnia and Herzegovina (BiH) towards joining the European Union (EU) should be viewed positively, as emphasized by the Head of the EU Delegation to BiH, Ambassador Luigi Soreca, it is quite unclear how consensus was reached on this delicate issue for the decision in question, and the timing of its adoption raises even greater confusion, the Center for Security Studies announced.

As a reminder, the Council of Ministers of BiH (CM) gave its consent on February 14 for the temporary application of the Agreement with the European Border and Coast Guard Agency (FRONTEX), and forwarded it to the Presidency of BiH for further legally prescribed procedure, i.e., consent for its conclusion and signing on behalf of BiH by the Chairperson of the CM, Ms. Borjana Krišto.

Unlike other countries in the region, where cooperation with Frontex will be carried out exclusively through the Border Police, personnel deployed by Frontex in BiH will be under the command of not only the BiH Border Police but also entity and cantonal police structures. In this case too, a nonsense is being created, just as in relation to the political agreement on cooperation and the establishment of a contact point for cooperation with EUROPOL in BiH.

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Frontex and BiH borders: Have unconstitutional powers for the MUP of RS been removed from the agreement?

By Amina Čorbo-ZećoThe Council of Ministers of Bosnia and Herzegovina considered at an extraordinary telephone session the Report on negotiations for the conclusion of the Agreement between Bosnia and Herzegovina and the European Union on operational activities carried out by A

The then compromise, regarding the location of the EUROPOL Cooperation Office in the BiH Square building, to which the EU unfortunately agreed for pragmatic reasons, has in practice led to significant problems for the functioning of the BiH Office. The provisions of the agreement itself meant that existing agencies literally fought for cooperation and exchange of information submitted to EUROPOL, and the Office was not normatively-legally established. Employees are still employed in their parent
structures, not to mention the remarks of international actors who want to see this Office together with other state offices cooperating with INTERPOL, SELEC, and other structures.

The standard is that this cooperation is conducted from one place and with high
security standards in performing intelligence data exchange and achieving operational cooperation with international police structures.

Relocating the EUROPOL Cooperation Office from the premises of the Directorate for Coordination of Police Bodies of BiH (DKPT), where police international cooperation offices are naturally located, has caused a series of the aforementioned problems, and similar problems can likely be expected in cooperation with FRONTEX in practice.

Another, somewhat surprising reason for adopting the decision and the Presidency's consent to the agreement, relates to the timing of its adoption. It was likely coordinated with the decisions that the European Parliament and the European Council had to make, but the internal political and security environment is significantly different from the time when this agreement was initialed in the CM.

Since that time, the constitutional and legal order in BiH has been disrupted, the institutions of Republika Srpska have made a series of decisions that undermine the institutions of BiH, and the Ministry of Internal Affairs of Republika Srpska (MUP RS) provides open support and protection to persons on the central wanted list of the Court of BiH, practically undermining the rule of law in BiH.

The importance of fulfilling BiH's conditions for joining the EU is undeniable, especially the consistent implementation of the EU acquis communautaire, but on this path, the interests of the state and the context of decision-making must be primarily taken into account. We are witnessing, through the example of cooperation with EUROPOL, that political agreements are not always pragmatic when it comes to implementation.

Therefore, it remains unclear why the Presidency of BiH decided to adopt such a decision at this moment, when a sensitive political struggle is underway in the competition of certain levels of government for supremacy and dominance in the security sector, as well as a serious undermining of the rule of law, which deeply disturbs and concerns all citizens in BiH, according to CSS.