3rd meeting, 19 November 2013, Brussels
JOINT DECLARATION
The EU-Montenegro Civil Society Joint Consultative Committee (JCC) complements the bodies set up within the framework of the Stabilisation and Association Agreement between the European Union and Montenegro.
The JCC enables civil society organisations from both sides to monitor Montenegro's progress towards the European Union, and to adopt recommendations for the attention of the Government of Montenegro and the EU institutions. The JCC also plays an essential role in initiating debates between members of the general public and in disseminating information both in the EU and in Montenegro.
The JCC is made up of twelve members, six from each side, representing the EESC and Montenegrin civil society. During its current term (2013–2015), the JCC will be co-chaired by Andrej Zorko, member of the EESC and of the Governing board of the Slovenian Association of Free Trade Unions,andSuzana Radulović, member of the Social Council of Montenegro and Secretary General of the Montenegrin Union of Employers.
The third meeting of the JCC was attended by Alexandra Cas Granje, Director at the European Commission, Snežana Radović, Director General for EU Affairs, Ministry of Foreign Affairs and European Integration of Montenegro, and H.E. Mr Ivan D. Leković,Head of Mission of Montenegro to the EU.
The members of the JCC discussed the state of play in Montenegro's EU accession negotiations, with a debate on Chapters 23 (Judiciary and fundamental rights) and 24 (Justice, freedom and security), focusing on the fight against corruption. They also adopted reports on Chapter 19 (Social policy and Employment) of the accession negotiations.
1.Negotiations on Montenegro's accession to the European Union
1.1JCC members welcome the progress of the accession negotiations, with the opening and provisional closing of the first two Chapters (Science and research; Education and culture).
1.2They also welcome the adoption in October 2013 by the government of Montenegro of the comprehensive action plans for Chapter23 on Judiciary and Fundamental rights and Chapter 24 on Justice, freedom and security. As these action plans constitute the opening benchmarks for Chapters 23 and 24, and the Commission considers all aspects of the benchmarks fulfilled, the JCC calls on the EU institutions to proceed with the opening of those two Chapters as soon as possible.
1.3JCC members acknowledge the principle of strict but fair conditionality based on which the accession process takes place, and agree with the importance of addressing the fundamental issues first, so that a solid track record of reform implementation can be established before the actual accession.
1.4JCC members stress that the implementation of these action plans will be an important factor determining the pace of the accession negotiations. In this regard, they call in particular on the Government of Montenegro to ensure the implementation of the amendments to the Constitution on strengthening the independence of the judiciary which were adopted in July 2013, in close consultation with the civil society.
1.5JCC members point out the importance of carrying out a public administration reform to ensure that Montenegro has the capacity to apply the EU acquis, tackle politicisation and increase the transparency and professionalism of the civil service. To this end, they ask the Montenegrin authorities to continue implementing measures to improve the efficiency of the public administration, and the European Commission to provide adequate ongoing assistance to help the authorities in strengthening the administrative capacity.
1.6JCC members welcome the fact that civil society organisations have been involved to some extent in the activities of state and local administration, as well as of the working groups on the EUaccession negotiation chapters. They, however, stress that the dialogue between decision makers and stakeholders, especially the dialogue with social partners, needs to be further developed, and the transparency of the government's procedures on consulting civil society organisations needs to be further enhanced.
1.7The JCC draws attention to the need for raising public awareness of Montenegro's accession process through the media and through relevant government campaigns.
2.Debate on Chapter 23 (Judiciary and fundamental rights) and Chapter 24 (Justice, freedom and security) with a focus on Fight against corruption
2.1JCC members highlight the importance of these two chapters and point out that keeping them open throughout the accession negotiations can only be beneficial to Montenegro, by providing a strong incentive for reforms in the areas covered. They encourage Montenegro to ensure effective and timely implementation of the Action Plans for Chapters 23 and 24.
2.2JCC members recognise that major reform efforts are being made to align legislation with the EUacquis. They are pleased to note that the independence of the judiciary is being enhanced; the transparency of the work of the courts is improving and the backlog of court cases is decreasing; most court decisions have become publicly accessible.
2.3However, they stress that reforms are still necessary to improve the independence, accountability, efficiency and professionalism of the judiciary, and that a merit-based recruitment, evaluation and promotion system and effective disciplinary sanctions in cases of breaches of ethical standards is yet to be introduced. The JCC notes that, unfortunately, the judicial reform has proceeded slowly, and calls on the government to adopt the new judicial reform strategy for the period 2013–2018 without further delay. JCC members also urge the Government to allocate a larger budget to the judiciary, as insufficient financial resources often hamper the implementation of the necessary legislation and impede the work of the institutional anti-corruption framework.
2.4With regard to the fight against corruption, JCC members welcome the adoption in May 2013 of the action plan for 2013–2014. However, they note with concern that corruption continues to prevail in many areas, and that the investigation and prosecution of cases of corruption and organised crime need to be stepped up. They call on the law enforcement authorities to develop a more proactive attitude to look into allegations of corruption, especially high-profile cases and cases involving public officials.
2.5The JCC takes note of the debate held at its 3rd meeting on the decision taken by the government on the personal ID numbers. The JCC will revert to this issue at its next meeting.
2.6JCC members point to the key role of the judiciary in the fight against corruption. They stress that it is necessary to create a stable and efficient judicial system which would contribute to greater efficiency in the fight against corruption, as well as increase citizens' trust in the legal functioning of the state. Consequently, they call on the government to address the existing shortcomings regarding the appointment, evaluation and disciplinary procedures for judges. They also note that the frequent changes to the relevant legislation constitute a further obstacle in the fight against corruption.
2.7Also, JCC members point out that it is essential to strengthen citizens' trust in public institutions. In this regard, the JCC calls on the Montenegrin authorities to ensure that the alleged misuse of public funds for party political purposes is duly followed-up from both the political and judicial viewpoint and to ensure that in the future no form of abuse would be possible, therefore establishing transparent and robust oversight mechanisms.
2.8JCC members welcome the new law on international legal assistance in criminal matters that was adopted by the Parliament in July 2013, and note that Montenegro continues to actively engage in police cooperation and the fight against organised crime at international and regional level.
2.9The JCC welcomes the adoption of new amendments to the Criminal Code in July 2013. It is, however, concerned by the fact that the Amnesty law, adopted in August 2013, was passed without prior risk and impact assessment, especially bearing in mind that relative to its size, a very high number of presidential pardoning decisions have been issued in Montenegro.
2.10JCC members are pleased to note that freedom of expression in Montenegro has continued to be ensured. They welcome the recent start of more serious investigations into cases of violence against journalists. However, they call on the Government to step up efforts to privatise state-owned print media, to ensure the independence of the media and to thoroughly investigate and prosecute all old and recent cases of attacks against journalists and media.
2.11With regard to Human Rights and the protection of minorities, JCC members are pleased that the government fully supported the first LGBTI Pride parade which took place in Budva in July and in Podgorica in October 2013; nevertheless, they regret the incidents that occurred during the parade. Hence, the JCC asks the government and the local authorities to launch campaigns and support activities aimed at bringing about a change in the mind-set across society as a whole towards LGBTI persons, as well as to commit themselves to tackle discrimination and ensure full protection of all Human Rights for the whole population, including LGBTI people.
2.12The JCC also notes with concern that the rights of persons with disabilities are not fully respected and that discrimination of persons with disabilities is present in almost all areas of life, and, accordingly, calls on the Montenegrin authorities to address concrete problems of persons with disabilities.
2.13Furthermore, the JCC notes that the Ombudsman and the anti-discrimination laws do not fully comply with the acquis, and, therefore, calls on the Montenegrin authorities to address the shortcomings in this area, especially strengthening the administrative and financial capacities of the Ombudsman.
3.The JCC's view on Chapter 19 (Social policy and Employment)
3.1JCC members welcome the two reports presented by Pierre Jean Coulon, JCC member, and Nataša Vukašinović, General Secretary of the National Social Council of Montenegro.
3.2The JCC stresses the importance of this chapter and wants to raise awareness of the difficult reforms and deep societal changes that accession will bring in this area, which will ultimately improve working conditions in Montenegro. Therefore, JCC members call on the Montenegrin authorities to always involve and consult social partners in the drafting and adoption of new legislation on these matters.
3.3The JCC is pleased that the screening meetings with the European Commission on Chapter 19 have taken place, and is looking forward to reading the screening report that is currently being prepared by the European Commission, which will indicate the way forward for aligning Montenegrin legislation with the EU acquis.
3.4Regarding social dialogue, the JCC welcomes the adoption in July 2013 of the amendments to the law on trade union representativeness to increase transparency. The JCC is also pleased to note that the negotiations on a new general tripartite collective agreement are currently in the final phase, as the previous one expired in 2011, and calls on all relevant parties to do their utmost to come to an agreement. However, the JCC regrets that the bi-partite social dialogue remains rather weak, especially in the private sector, and urges employers to encourage social dialogue and workers, especially trade unions, to actively participate in the dialogue.
3.5JCC members highlight the structural nature of the unemployment issue in Montenegro. They stress that the unemployment rate among young people remains critical. The JCC recommends that Montenegrin authorities take resolute action to address the mismatch between available skills and needs in the labour market, as well as provide the necessary retraining opportunities for all workers who have become redundant, in order to increase their employability.
3.6Regarding the KAP aluminium plant, which became insolvent in July 2013, – unless a strategic partner is found – the JCC calls on the government to find ways to provide requalification possibilities for the factory workers and to settle the severance pay issue, in consultation with the social partners.
3.7JCC members also note that further action is necessary in the area of health and safety at work. They call on the government to enhance the general administrative capacity needed for proper enforcement of the Labour law, to increase the number of labour inspectors and provide them with adequate training, as well as to raise awareness in companies about the importance of meeting health and safety standards at work.
3.8Furthermore, JCC members welcome the work done by the working group tasked with drafting amendments to the law on the Social Council, which will constitute the legal basis for setting up the Council's Secretariat, thereby reinforcing its capacity and role. The JCC also wishes to stress the importance of the independence of the members of the Social Council which would, consequently, ensure better quality of the Council's work.
3.9Regarding social inclusion, the JCC takes note of the adoption of a new law on Social and Child Protection in May 2013 and of a strategy for social protection of the elderly for 2013-2017 in June 2013, and urges the government to effectively implement this law. Furthermore, the JCC calls for continued efforts to improve the situation of vulnerable groups, especially of displaced persons and Roma, Ashkali and Egyptian population, and of people with disabilities etc. The JCC calls on further efforts of the Montenegrin government in promotion of equal access of those groups to the labour market.
3.10When it comes to equal opportunities, the JCC notes that women are still not sufficiently represented in the political scene as well as in the labour market, and urges Montenegro to address the priorities in this area.
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The next JCC meeting will be held in Montenegro in the first half of 2014.
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