By: Mica Karanovic
Serbia’s path towards European Union (EU) accession began in 2003, after the Federal Republic of Yugoslavia was reconstituted and renamed as the State Union of Serbia and Montenegro. That year, the Thessaloniki European Council identified Serbia as a potential candidate for EU membership. Serbia submitted its official application in 2009 and was granted candidate country status in 2012. Once a country becomes a candidate, an intergovernmental conference between ambassadors and ministers of EU member states and the country commences. The negotiations involve discussions regarding thirty-five different policy fields, referred to as “chapters.” The negotiating framework is aimed at candidate countries adopting, implementing, and enforcing the EU acquis. As of December 2021, twenty-two negotiation chapters have been opened. Due to various political differences, negotiations between Serbia and the EU have reached an impasse.
The inclusion of Serbia into the EU would prove advantageous for both sides, as it would usher in fresh prospects for citizens and businesses while fostering the promotion of harmonious legislation. As of 2019, the EU constitutes 65% of Serbia’s total exports and nearly 64% of Serbia’s total imports of goods. As a member of the EU, Serbia would be able to eliminate much of its border control, allowing an increase in overall exports and imports. For the EU, enlargement is a key policy. Having Serbia as a member would promote this policy and increase the European perspective of the Western Balkans. Croatia became a member in 2013 and represents the only Western Balkan nation within the Union.
For a candidate country to successfully join the EU, it must harmonize its legal system and align its foreign and security policy with the Union. Candidates must accept the acquis and implement EU law into their own national legislation. Members can face charges for straying from EU values regarding the rule of law. The acquis comprises the collective set of rights and obligations that holds legal force for all EU member states. It encompasses the content, principles and political goals of Treaties; legislation established in accordance with Treaties and legal precedents; resolutions passed by the Union; instruments within the framework of the Common Foreign and Security Policy; and international ratified by the Union as well as those negotiated among the member states in the context of the Union’s activities.
In 2010, Croatia gifted Serbia with translations of the EU acquis. Having the acquis in its native language aids Serbia in streamlining the alignment of its legal system with that of the European Union, thereby reducing the associated challenges. While Serbia has made progress in the accession negotiations, the European Council emphasized that progress on the rule of law and fundamental rights and the synchronization of foreign policy is essential to the pace of the negotiations. The Council commends Serbia’s cooperation on the management of irregular migration, but it suggests that Serbia focus on upholding fundamental rights and ensuring the effective function of democratic institutions, specifically combatting and eradicating corruption. Serbia must take measures to strengthen the independence of its judiciary and enhance the effectiveness of the rule of law institutions. The Council stresses that political will is needed to achieve tangible results. Thus, the government’s principal decision makers need to present a united front to the citizens when it comes to substantially improving the judiciary and legal institutions.
Even when the legal systems are aligned, the primary issue concerning Serbia’s membership is its compliance with the EU’s foreign policy. The European Council explicitly stated that Serbia must show an “unequivocal commitment to the EU.” However, the current political climate has led to Serbia being at odds with the Union. It has become clear that the EU will not accept Serbia as long as turmoil with Kosovo exists and the country refuses to implement sanctions against Russia. Serbia’s president, Aleksandar Vucic, acknowledges that Serbia will suffer if it remains opposed to any agreement with Kosovo. While Serbia remains resolute in its refusal to recognize the independence of Kosovo, Vucic has agreed to explore the possibility of a compromise. In December of 2022, the EU has drafted a proposal for Serbia and Kosovo to improve their ties. This past summer, tensions flared between Serbia and Kosovo, creating a setback in any negotiations. Furthermore, even though Serbia supports Ukraine, it refuses to impose sanctions against Russia. Vucic explains that Serbia empathizes with Ukraine’s challenges, drawing from its own fairly recent experiences, but it cannot willingly expose itself to the repercussions of enforcing such sanctions.
With the increasing time gap between obtaining candidacy status and being accepted as a member, the enthusiasm of Serbian citizens for joining the EU diminishes. While 65 percent of Serbians support EU reforms, the proportion in favor of Serbia’s EU membership stands at only 43 percent. This “EU Fatigue” arises from foreign policy differences that have eroded confidence in the proximity of EU membership. Serbians assert that the EU fails to adequately address Serbia’s historical background and its impact on current political decisions. The path to resolving these disparities between Serbia and the EU’s foreign policy, without compromising its own national identity, remains uncertain.
