
Bojan Elek
Address: Belgrade, Serbia
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Papers by Bojan Elek
First, the Action Plans for Chapters 23 and 24, as the two key strategic documents listing concrete reform measures to be implemented and serving as the opening benchmark for Serbia for negotiations under these two chapters, were drafted and finalised with the participation of civil society organisations.
The main conclusion regarding the existing drafts of Action Plans is that they provide a substantial roadmap for reforms needed in these two chapters, but their final versions need to be updated with realistic deadlines, resources for implementation and in regard to the protection of personal data and rights of victims of crime.
Second, there was evident backsliding in the area of the rule of law, primarily concerning the Government`s pressure on the functioning of independent state institutions.
This development is of gravest concern, since these institutions act as a control check for the government`s actions, assuring that the citizens` rights are respected and that state institutions operate within their competences in line with positive law.
Lastly, the previous period was marked by the process of drafting and several rounds of public consultations regarding the new Law on Police.
Taking into account that professional, efficient and accountable police is the key precondition for the safety of citizens and successful reforms under Chapter 24, it is of utmost importance that the new Law on Police should provide a solid basis for police reform in line with EU standards and best practices.
Furthermore, the induction training which was organized for former MUP employees was of short duration, which therefore raised the question of proper integration and adoption of KP organizational culture. In addition, during the Brussels talks a list of 337 police officers who were supposed to be integrated was delivered to the Prishtina authorities by the Serbian side. Of these, 285 were invited to join the integration process, while 52 former MUP officers were omitted. These 52 included some who did not want to join the KP, some who had applied but did not meet all the requirements and some who had not received security clearance. In addition, approximately 800 former MUP staff in central and eastern Kosovo have been retired and omitted from the integration process. This caused dissatisfaction among these individuals, as well as complaints about the Brussels Agreement being applicable to the North Kosovo alone.
As part of the discourse, a number of reports appeared in the media which fostered misinterpretation and prejudice regarding implementation of the Brussels Agreement. While the Kosovar media, for example, raised the issue of the loyalty of these officers to the KP chain of command, the Serbian media covered this topic extensively, focusing on technical aspects of the process, such as the challenge of integrating a large number of MUP officers into the KP and the security clearance procedure, among other issues, almost exclusively quoting the Kosovar media.
The study is co-authored by 20 experts from the Western Balkans. They map the problems in each of the subject by providing the existing framework of strategies, legislation and action plans, as well as the practical dimension of civil society–government cooperation in this regard. The authors offer consolidated recommendations to both the government and civil society, and additional recommendations to the EU, the international community, donors, and other stakeholders, with the aim to enhance collaboration in each country in the particular areas.
First, the Action Plans for Chapters 23 and 24, as the two key strategic documents listing concrete reform measures to be implemented and serving as the opening benchmark for Serbia for negotiations under these two chapters, were drafted and finalised with the participation of civil society organisations.
The main conclusion regarding the existing drafts of Action Plans is that they provide a substantial roadmap for reforms needed in these two chapters, but their final versions need to be updated with realistic deadlines, resources for implementation and in regard to the protection of personal data and rights of victims of crime.
Second, there was evident backsliding in the area of the rule of law, primarily concerning the Government`s pressure on the functioning of independent state institutions.
This development is of gravest concern, since these institutions act as a control check for the government`s actions, assuring that the citizens` rights are respected and that state institutions operate within their competences in line with positive law.
Lastly, the previous period was marked by the process of drafting and several rounds of public consultations regarding the new Law on Police.
Taking into account that professional, efficient and accountable police is the key precondition for the safety of citizens and successful reforms under Chapter 24, it is of utmost importance that the new Law on Police should provide a solid basis for police reform in line with EU standards and best practices.
Furthermore, the induction training which was organized for former MUP employees was of short duration, which therefore raised the question of proper integration and adoption of KP organizational culture. In addition, during the Brussels talks a list of 337 police officers who were supposed to be integrated was delivered to the Prishtina authorities by the Serbian side. Of these, 285 were invited to join the integration process, while 52 former MUP officers were omitted. These 52 included some who did not want to join the KP, some who had applied but did not meet all the requirements and some who had not received security clearance. In addition, approximately 800 former MUP staff in central and eastern Kosovo have been retired and omitted from the integration process. This caused dissatisfaction among these individuals, as well as complaints about the Brussels Agreement being applicable to the North Kosovo alone.
As part of the discourse, a number of reports appeared in the media which fostered misinterpretation and prejudice regarding implementation of the Brussels Agreement. While the Kosovar media, for example, raised the issue of the loyalty of these officers to the KP chain of command, the Serbian media covered this topic extensively, focusing on technical aspects of the process, such as the challenge of integrating a large number of MUP officers into the KP and the security clearance procedure, among other issues, almost exclusively quoting the Kosovar media.
The study is co-authored by 20 experts from the Western Balkans. They map the problems in each of the subject by providing the existing framework of strategies, legislation and action plans, as well as the practical dimension of civil society–government cooperation in this regard. The authors offer consolidated recommendations to both the government and civil society, and additional recommendations to the EU, the international community, donors, and other stakeholders, with the aim to enhance collaboration in each country in the particular areas.