Report on Gap Analysis on Regional Cooperation in the Area of Migration Management and Fight against Serious and Organised Crime
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1. Introduction
2. Methodology
3. Main Findings with Recommendations
4. Proposed Next Steps
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1 Introduction
The EU enlargement process, which puts strengthening of the rule of law and democratic governance into focus, is one of the biggest challenges for the EU in the near future. The lessons learned from previous enlargements highlighted the need for improving the quality of the process. This culminated in the new approach of the European Commission in negotiating Chapters 23 – “Judiciary and Fundamental Rights” and 24 – “Justice, Freedom and Security”. The most difficult questions in these Chapters are tackled early in the negotiations to allow for maximum time to establish the necessary legislation, institutions and solid track records of implementation before closing the negotiations. The new approach also introduced national action plans, on the basis of which the negotiations for Chapters 23 and 24 are opened, as well as the benchmarks to be set at the time of opening of the negotiating process.
The Regional Cooperation Council (RCC) promotes mutual cooperation and European integration of South East Europe in order to inspire development in the region to the benefit of its people. Therefore, in order to assist governments in implementing their development strategies and EU accession-related goals, the RCC Secretariat intervened with the development of a regional growth strategy titled “SEE 2020 – Jobs and Prosperity in European Perspective”. Its preparation was coordinated by the RCC Secretariat upon the request of the countries of the Southeast Europe Cooperation Process (SEECP) as well as the European Commission. The main goal of the Strategy is to help boost competitiveness and job creation, and to underscore the European perspective of the region’s future. RCC is mandated to coordinate and monitor the “SEE 2020 Strategy” implementation, and to assist the Beneficiaries in fulfilling accession conditions under Chapters 23 and 24, especially in the area of Migration Management and the Fight against Serious and Organised Crime via Regional Cooperation. The recent RCC Annual meeting in April 2013 approved of the RCC Strategy and Work Programme 2014–2016. A very important part of the “SEE 2020 Strategy” is devoted to Justice and Home Affairs Cooperation and recognising its importance in the EU enlargement process.
The achievements of the EU Candidate Countries and potential Candidate Countries in the field of both Policies under analysis are monitored by the European Commission on a regular basis via established mechanisms. In the upcoming period, Beneficiaries are going to work to demonstrate steady progress in fulfilling the requirements of Chapter 24. Strong political commitments from the countries in the region are needed to continue with reforms and make them more effective, also via Regional Cooperation. A comprehensive analysis is needed, which would focus on the missing elements in Regional Cooperation, lessons learned with best practices included as well as recommendations and guidelines for further efficient cooperation in Regional Cooperation.
For the purpose of the analysis, the concept "Regional Cooperation" is defined as "cooperation frameworks aimed at and with potential influence on the implementation of the policies of Migration Management and Fighting Serious and Organised Crime in the Beneficiaries, consisting of bilateral and multilateral cooperation frameworks, mechanisms, initiatives and projects of differing scope, initiated by either state or non-state, EU or international, regional or external, actors and donors". Regional Cooperation may be addressing national or regional policy goals – i.e. goals where solutions are sought at national or regional level.
This report results from the RCC Project “Gap Analysis on Regional Cooperation in the Area of Migration Management and Fight against Serious and Organised Crime”, including the concluded Country-Based Visits to Sarajevo, Belgrade, Pristine, Skopje, Tirana and Podgorica between 5–13 May 2014 and consultations with Beneficiaries at the RCC Regional Expert-Level Meeting held between 26–27 May 2014 in Zagreb, Croatia.
The purpose of the RCC Project is to contribute to a steady and consistent progress on part of the Beneficiaries in the upcoming period 2014-2020 in the fulfilment of Chapter 24 requirements regarding Migration Management and the Fight against Serious and Organised Crime, and raising their capacities for addressing current and occurring regional security threats via an optimal use of existing Regional Cooperation efforts and a rational use of national and donors’ resources. This is addressed through acquiring a comprehensive picture of national priorities and needs that have to be tackled on part of the Beneficiaries in the upcoming period, identifying positive areas of action in Regional Cooperation, and examining potential solutions – including whether a greater effect and added value would be achieved if they should be addressed at national or regional level.
The Report provides recommendations on how to achieve steady progress in the upcoming period in both Policy areas via the streamlining of Regional Cooperation and establishment of a coherent policy implementation process directed toward the fulfilment of Chapter 24 requirements and efficient countering of current and occurring threats to regional and European security. The analysis can contribute to an efficient process of further approximation in that it is complementary to the main strategic objective of the “SEE 2020 Strategy”.
The main findings of the analysis are provided in Chapter 3, together with the recommendations how to efficiently address Beneficiaries’ needs and priorities via Regional Cooperation in the upcoming period 2014–2020. The proposed next steps are provided in Chapter 4.
The recommendations take into consideration the contributions and suggestions provided by the Beneficiaries at the RCC Regional Expert-Level Meeting held between 26–27 May 2014 in Zagreb, Croatia. It is suggested that the recommendations serve as a working basis for further steps, based on the ministerial conclusion of the Brdo Process ministerial conference held 2–3 June 2014 at Brdo, Slovenia.
2 Methodology
The methodology established a conceptual link between EU enlargement (Chapter 24) requirements and policy goals implemented on the national level and/or via Regional Cooperation (see above definition). It has based the Consultation process on the scope of relevant documents, including EC Progress Reports and existing national action plans in the context of Chapter 24.
Through a set of key parameters outlining the structural and procedural characteristics, including the sustainability and regional ownership of existing Regional Cooperation frameworks, an efficient comparison between existing Regional Cooperation initiatives based on common and objective criteria was enabled.
Representatives of Beneficiaries, during the Country-Based Consultations, provided their national priorities in individual fields as well as information on national efforts to enforcing the recommendations received in the process of fulfilling Chapter 24 requirements. Beneficiaries also provided:
(a) good practices in Regional Cooperation efforts, which may be concluded or ongoing;
(b) their experience in participation in Regional Cooperation;
(c) a list of Regional Cooperation frameworks most relevant for their work;
(d) examples of duplication or lack of useful assistance;
(e) suggestions for improvements in Regional Cooperation efforts;
(f) suggested national priorities (elements), which should be addressed at the regional level in the upcoming period, because this would enable greater efficiency, greater added value, and effective and rational use of resources.
A distinction was made between those priorities and needs, where a national solution is addressed as well as those, where a regional-level solution is required and/or is seen to be of greater added value and effect, and provided suggestions were provided for how to address such solutions via Regional Cooperation efforts.
Based on the presented methodology and the purpose of the Report, the document as such is not aimed to provide a complete picture of all existing Regional Cooperation frameworks or to provide an estimation of the national state-of-play in Policy implementation, but to provide the main elements of the proposed way forward based on provided national contributions.
The Report specifically mentions those Regional Cooperation initiatives, which are emphasised by the Beneficiaries as those, which have largely contributed and continue to contribute to their work in the area of Migration Management and the Fight against Serious and Organised Crime in the last several years, including those Regional Cooperation initiatives, which, based on the comparison enabled by the analysis, in the opinion of Country-Based Representatives, possess the most potential for contributing to the proposed way forward.
3 Main Findings with Recommendations
This chapter outlines the main findings resulting from the analysis, fully considering the statements of Country Representatives during the Country-Based Consultations and the RCC Regional Expert-Level Meeting held between 26–27 May 2014 in Zagreb, Croatia. Recommendations added to each sub-chapter are based on the suggestions received during the Country-Based Consultations.
The findings are presented in chapters, which correspond to the individual topics outlined in the questionnaire and the subsequent interviews. The reader should keep in mind that topics addressed in Chapters 3.1 – 3.6 are cross-cutting in scope and relevance, i.e. are relevant both for Migration Management as well as the Fight against Serious and Organised Crime as they include issues (and also recommendations) of cross-cutting importance.
3.1 General findings
It is reaffirmed that Regional Cooperation frameworks have contributed to important results in the last ten years and have offered valuable assistance to all Countries to cooperate among each other, raise national capacities and approximate to the EU acquis and standards.
Policy goals are addressed nationally as well as regionally. A strengthening of a shared regional approach is necessary to efficiently address the relevant fields, such as countering serious and organised crime, including illegal migration, establishing sufficient asylum management mechanisms and overall management of changing migration flows. Cooperation among the countries is of absolute relevance as the regional-level solutions as opposed to national solutions bear significant added value.
There is agreement that addressing regional security threats at the regional level is more appropriate, which has also contributed in the last 10 years to the establishment of regional legal bases (e.g. PCC SEE) and regionally-owned subjects (e.g. MARRI). Namely, the very nature of the present security threats can, although directly or most visibly affecting only one or two states, prevent these states from recognising the true dimension of a security threat, which may cause region-wide negative effects. Regional cooperation, which has also been strongly encouraged by the EU in the last period, enables the raising of awareness, prevents misperceptions, and, most importantly, enables the sharing of responsibility in addressing those threats that may pose a threat to the entire region and would otherwise be neglected or addressed insufficiently on a bilateral or only national level. The implementation support in relation to the PCC SEE, a region-wide legal basis, is seen by Beneficiaries as an efficient practice. It is provided by the PCC SEE Secretariat with a specific and limited mandate to offer assistance and expertise in the practical implementation of the provisions and the facilitation of the decision-making process.
The process of regionalisation of security in the Western Balkans in the last decade has provided Regional Cooperation frameworks and donors with significant room to manoeuvre. Beneficiaries recognise a lack of a common direction and a lack of coordination in the area of Regional Cooperation (i.e. among the initiatives, programmes, actors present in the region, acting multi-laterally/regionally or offering bilateral assistance) in both policy areas. A need for a coherent regional security policy implementation process is recognised (please see Chapter 3.2).
Relevant reports as well as some national statements reveal the shared opinion that so far there has been a significant lack of sufficient knowledge among the Regional Cooperation donors on: (1) needs of the Beneficiaries, and (2) the activities already planned or implemented by other donors. The latter gap may result in duplication of efforts or, as in several examples provided, a false perception of duplication, which can bear quite the opposite, negative effect. It can result in the unwanted situation that a much needed initiative does not get the necessary support on part of the relevant Beneficiaries or the international community as the spread false perception of duplication influences its credibility.
Recommendations:
ð 1) It is necessary to continue to address regional security threats at the regional level, making efficient use of the existing regional mechanisms, and address more efficiently the potential synergies between them;
ð 2) Streamlining the activities of Regional Cooperation donors should be achieved, which can contribute to greater efficiency in the fulfilling of Chapter 24 requirements in the upcoming period on part of Beneficiaries. It can rationalise the use of resources – financial and other – available via Regional Cooperation and the national resources devoted to Regional Cooperation comply with ensuing obligations and to provide support to the operation of relevant Regional Cooperation subjects.
3.2 Regional Ownership of the Security Policy Implementation Process
There is awareness that assistance programmes do not always contribute to the security priorities of the Beneficiaries or the region as a whole. State donors may use assistance programmes/projects to push their own national agenda. Also, Country representatives recognise the meeting of security needs of the EU through the suggested initiatives or activities, and to a lesser extent the meeting of the security needs shared by the region.
The analysis finds that a collaborative process is needed between the donor community on the one hand and the national stakeholders in the Beneficiaries on the other in the area of regional security policy implementation, offering a common umbrella with a unified political guidance and priority setting. Currently, there are several frameworks bringing together ministers from Beneficiaries on a regular (annual or semi-annual) basis, such as in the framework of initiatives PCC SEE, MARRI, Brdo Process, SELEC, SEECP at the level of interior ministers, Salzburg Forum, DCAF Border Security Programme; annual conferences initiated and supported by Beneficiaries themselves; meetings in the framework of short-term projects as well as ad hoc meetings convened on part of external donors.
The proposed regional internal security implementation process with one single ministerial framework offering political guidance process can achieve the following: (1) replace the "one way" delivery of donor assistance; (2) serve to streamline the fulfilling of Chapter 24 requirements on part of Beneficiaries; (3) enable a regional ownership of the security policy implementation in the upcoming period; and (4) serve to implement the proposed “SEE Internal Security Strategy”. Such a process would comply with the recognised need to streamline Regional Cooperation assistance in the upcoming crucial phase when Beneficiaries will work to demonstrate a steady progress in fulfilling of Chapter 24 requirements.