The European Commission’s (EC) “backsliding” assessment in its non-paper on visa policy indicates that the European Union’s (EU) patience with Montenegro has worn thin after more than six months, according to civic activist Dina Bajramspahić. She cautioned that the anticipated closure of a negotiation chapter this month is now uncertain.

“After reviewing the new report, it feels as though this country is not making significant progress toward its primary objectives. In summary, despite the elapsed time, persistent issues continue to surface, and the reports bear a striking resemblance to one another,” she told Vijesti, commenting on the latest informal EC document concerning Montenegro’s advancements in chapters 23 (judiciary and fundamental rights) and 24 (justice, freedom, security).

Montenegro received a favorable Interim Benchmark Assessment Report for Chapters 23 and 24 (IBAR) a year ago.

The non-paper, which the EC has been crafting over recent years as a principal political document for member states’ discussions, emphasizes the need for more rigorous effort and political commitment from Podgorica to fully satisfy the final benchmarks in the chapters, particularly concerning the judiciary, anti-corruption efforts, organized crime, visa policy, media freedom, and fundamental rights.

“Montenegro is required to align its visa policy completely with that of the EU. Recent decisions made in December and February have led Montenegro to regress in its commitments to fulfill final benchmarks, undermining its credibility in meeting these obligations. Montenegro must clearly demonstrate its alignment with the list of countries requiring an EU visa,” the document states, which Vijesti has reviewed.

In the justice sector, the EC acknowledges some initial positive results, but also notes insufficient reform implementation that would further solidify the independence of the Judicial and Prosecutorial Councils (including filling vacancies). The EC recommends removing the Minister of Justice from the Judicial Council and highlights that judicial efficiency is below 100 percent (with more new cases than resolved), and there is a significant backlog of “old” cases, particularly in the Administrative Court. The incomplete composition of the Constitutional Court is also mentioned, which the EC claims hampers the institution’s effectiveness.

The Ministry of European Affairs (MEP) opted not to comment on the non-paper.

“The document that has come to media attention is a working draft of the non-paper concerning negotiation chapters 23 and 24, which has yet to be discussed in the EU Council Working Group on Enlargement and Accession Countries (COELA). The Ministry of European Affairs cannot comment on the document until the EC provides us with the finalized and official version,” they told the newspaper.

SECOND “FOLLOW-UP”

Bajramspahić noted that Montenegrin officials have frequently “silenced” EU critiques regarding visa liberalization and have “requested various EU representatives not to bring this matter up publicly during their visits to Podgorica,” which signals “backsliding.” She posits that this evaluation indicates the EU’s patience has diminished after over six months.

“Since the new EC reporting methodology was introduced in 2015, translating the Commission’s assessments into numerical ratings, Montenegro has only received a ‘backsliding’ rating for the second time,” she explained, recalling that Chapter 2018 (public procurement) had also been marked with this rating in 2018, and no other chapter has held this rating in the past decade despite ongoing crises and turbulence in Montenegro.

“This highlights the severity of that evaluation,” she adds.

Bajramspahić asserted that the Ministry of Internal Affairs (MUP), in charge of Chapter 24, must inform the public about its efforts to prevent the Government from implementing a visa policy that jeopardizes Montenegro’s EU integration prospects.

“If the Government makes decisions that, I quote, ‘reduce the credibility’ of the state at such a critical moment for integration, the ministry responsible for this matter and the Government must be held accountable to the citizens for this adverse outcome,” stated Bajramspahić.

She mentioned that COELA has not yet approved the Draft Common Negotiating Position for Chapter 5, and criticized the executive branch for “prematurely praising the Draft Positive Report that the Commission issued as a recommendation, which EU Member States are yet to endorse.”

The EC, in its Draft Common Position for Chapter 5 published earlier this week, noted that Montenegro has met the criteria for closing that chapter. The government anticipates this will occur this month at the Montenegrin intergovernmental conference, although no date has been set yet.

HOW TO CLOSE 27 CHAPTERS

Bajramspahić asserts that at least two member states have “dissonant tones” suggesting Podgorica should finalize Chapter 5 by June, but decision-making is still ongoing.

“I genuinely hope we can still close this chapter in June, even if it is as difficult as ever, as closing the chapter serves the general interest of all citizens. It would be an irreparable loss if more than six months pass without progress in negotiations,” she commented.

She recalls that advancements in the realm of the rule of law dictate the pace of progress in all other chapters (according to the new methodology), and that the “unit” for visa policy arrived at the most inconvenient time.

“It is exceedingly troubling that the closure of a single chapter hangs in the balance. This raises questions: if we can barely manage to close one chapter amidst so much tension and struggle, how will we handle the remaining 27?” she stated.

The EC recalls in the non-paper that in December 2024, Montenegro modified its visa-free regime by adding Bahrain and Saudi Arabia to the list of countries with permanent visa exemption (which were previously exempt only seasonally). In February this year, Montenegro extended the seasonal visa exemption period from March 1 to November 1. It also re-included Uzbekistan on the seasonal exemption list after it was removed in 2024.

“Additionally, a seasonal visa exemption for a maximum of 10 days is applicable for certain third-country nationals who hold a residence permit in the United Arab Emirates for at least three years,” the Commission reminds.

Montenegro now maintains a visa-free regime with 13 countries on the EU’s list of countries requiring a visa, nine of which are permanently exempt from visa (Azerbaijan, Bahrain, Belarus, China, Kuwait, Qatar, Russia, Saudi Arabia, Turkey), and four have a seasonal visa exemption for entry into Montenegro for tourism from March to October (Armenia, Egypt, Kazakhstan, Uzbekistan).

There are no notable achievements in the remaining sections of the non-paper either.

Bajramspahić emphasizes that the rest of the EC’s non-papers do not reveal significant achievements, reiterating that the crucial statement is that fulfilling the final benchmarks for chapters 23 and 24 is still in the “initial phase,” with “intensive work” and “political commitment” yet to be realized.

“This assessment is reasonable considering it took the Government nearly a year after receiving the IBAR to implement action plans for chapters 23 and 24, with less than two years remaining for their execution,” she remarked.

She highlighted that concerning judicial reform, an initiative to amend the Constitution to remove the Minister of Justice from the Judicial Council has been noted, and questioned how many times the recommendation from the Venice Commission, backed by the EU, has been reiterated—that “the Constitution must outline the composition of the Prosecutorial Council in addition to the Judicial Council, along with the process for electing its members,” which the Government has yet again “overlooked.”

High-ranking public officials and political figures have been criticized for inappropriately commenting on judicial decisions, and it has also acknowledged the constitutional crisis that the government has both denied and continues to deny.

“It is particularly emphasized that the Venice Commission’s opinion regarding the termination of Dragana Đuranović’s judicial function in the Constitutional Court must be fully implemented,” noted Bajramspahić.

The reporting period marked by the non-paper saw a profound institutional and political crisis, spurred by the Parliament’s unilateral determination that Đuranović met the criteria for the cessation of her role at the Constitutional Court on December 17, 2024.

“This decision did not follow the procedure mandated by the Constitution, which actually calls for a plenary ruling of the Constitutional Court, leading to a significant crisis in Parliament. Such incidents have raised major concerns regarding the respect for the independence of the Constitutional Court and the constitutional separation of powers,” states the document.

Concerning the fight against corruption, Bajramspahić notes that crucial recommendations have remained unimplemented for four years, which is exceedingly unsatisfactory for a nation aspiring to conclude accession negotiations within a year and a half.

Kovačević: Messages that leave no room for misinterpretation

The latest non-paper signals caution—while there is clear political will for enlargement, the EU expects concrete results and substantive reforms moving forward, assessed Milica Kovačević, program director of the Center for Democratic Transition (CDT).

She pointed out that the messages from Brussels are not harsh but are precise and leave no room for misinterpretation.

She highlighted that one of the most critical findings pertains to visa policy, adding that in the section on media freedom, the EC document underscores the urgency of resolving the deadlock in appointing members to the Council of the Agency for Audiovisual Media Services (AMU) and RTCG.

The EC reminds that even though the process of appointing the RTCG Director General faced multiple court challenges, in August 2024, the RTCG Council re-appointed the same individual (Boris Raonić) for a complete term, “raising concerns regarding transparency and potential violations of legal procedure.”

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