May 2009 May 2009 SUMMARY SUMMARY I. INTRODUCTION: A GENERAL PERSPECTIVE 2 I. INTRODUCTION: A GENERAL PERSPECTIVE 2 II. BULGARIA IN THE EUROPEAN UNION: THE CHALLENGE OF II. BULGARIA IN THE EUROPEAN UNION: THE CHALLENGE OF RESPONSIBILITY 9 RESPONSIBILITY 9 II.1. BULGARIA IN THE EUROPEAN UNION: The road towards accession II.1. BULGARIA IN THE EUROPEAN UNION: The road towards accession II.2. JUSTICE AND HOME AFFAIRS: The heart of the crisis II.2. JUSTICE AND HOME AFFAIRS: The heart of the crisis II.3. THE WEAKNESS OF THE BULGARIAN ADMINISTRATION: Overcoming the II.3. THE WEAKNESS OF THE BULGARIAN ADMINISTRATION: Overcoming the lack of administrative capacity lack of administrative capacity III. THE EUROPEAN UNION AND BULGARIA: A TEST FOR EUROPEAN III. THE EUROPEAN UNION AND BULGARIA: A TEST FOR EUROPEAN SOLIDARITY 55 SOLIDARITY 55 III.1. THE SUSPENSION OF EU FUNDS TO BULGARIA: An unprecedented III.1. THE SUSPENSION OF EU FUNDS TO BULGARIA: An unprecedented decision decision III.2. THE MISMANAGEMENT OF EU FUNDS: To preserve European solidarity III.2. THE MISMANAGEMENT OF EU FUNDS: To preserve European solidarity III.3. ECONOMIC AND SOCIAL REFORMS: Achieving European living standards III.3. ECONOMIC AND SOCIAL REFORMS: Achieving European living standards IV. BUILDING A DYNAMIC PARTNERSHIP 77 IV. BUILDING A DYNAMIC PARTNERSHIP 77 IV.1. STRENGHTENING DIALOGUE: Enhanced cooperation between the European IV.1. STRENGHTENING DIALOGUE: Enhanced cooperation between the European Commission, Member States and the Bulgarian government Commission, Member States and the Bulgarian government IV.2. BULGARIA IN THE EU: Setting up a national European agenda IV.2. BULGARIA IN THE EU: Setting up a national European agenda IV.3. THE ROLE OF THE BULGARIAN SOCIETY IN THE EUROPEAN IV.3. THE ROLE OF THE BULGARIAN SOCIETY IN THE EUROPEAN INTEGRATION PROCESS: The need for full commitment INTEGRATION PROCESS: The need for full commitment IV.4. BEYOND THE BULGARIAN CASE: A new model of partnership IV.4. BEYOND THE BULGARIAN CASE: A new model of partnership V. CONCLUSION: STRATEGIC RECOMMENDATIONS 104 V. CONCLUSION: STRATEGIC RECOMMENDATIONS 104 ANNEXES 114 ANNEXES 114 I. INTRODUCTION: A GENERAL PERSPECTIVE I. INTRODUCTION: A GENERAL PERSPECTIVE After several decades under the Communist dictatorship and a somewhat difficult After several decades under the Communist dictatorship and a somewhat difficult transition to democracy, Bulgaria chose to become part of the most advanced and transition to democracy, Bulgaria chose to become part of the most advanced and prosperous group of nations in the world, from the political, economic and social prosperous group of nations in the world, from the political, economic and social standpoint: the European Union. In 1999, the European Council of Helsinki took a standpoint: the European Union. In 1999, the European Council of Helsinki took a crucial decision for the future of Bulgaria in accepting the country’s application to join crucial decision for the future of Bulgaria in accepting the country’s application to join the European Union for political reasons. The EU wished to avoid the incubation of a the European Union for political reasons. The EU wished to avoid the incubation of a focal point of instability on its Eastern border, under the watchful eye of Russia. focal point of instability on its Eastern border, under the watchful eye of Russia. For Bulgaria, it meant a deep commitment to Rule of Law, to democracy and to a free- For Bulgaria, it meant a deep commitment to Rule of Law, to democracy and to a free- market economy. For the European Union, it was a step further towards the market economy. For the European Union, it was a step further towards the reunification of a continent divided by history and ideology, the concrete translation of a reunification of a continent divided by history and ideology, the concrete translation of a feeling that Europe was not without Bulgaria and that Bulgaria shared a common feeling that Europe was not without Bulgaria and that Bulgaria shared a common destiny with the other Member States. destiny with the other Member States. The risk was high on both sides to consider the page turned on the day of Bulgaria’s The risk was high on both sides to consider the page turned on the day of Bulgaria’s accession to the EU, effective as of January 1st 2007. Surely, it was the conclusion of a accession to the EU, effective as of January 1st 2007. Surely, it was the conclusion of a process that had begun in 1999. But it was also, for both sides, the beginning of a new process that had begun in 1999. But it was also, for both sides, the beginning of a new one. The lack of perception of the dynamics of the relationship has led to deep one. The lack of perception of the dynamics of the relationship has led to deep misunderstandings. That is why it seems necessary to consider all the efforts, promises misunderstandings. That is why it seems necessary to consider all the efforts, promises and shortcomings of Bulgaria and of the European Union in the construction of a solid and shortcomings of Bulgaria and of the European Union in the construction of a solid partnership, since 2007, in a historical, social and political perspective, so as to avoid partnership, since 2007, in a historical, social and political perspective, so as to avoid errors of the past. Moreover, in order to properly assess the current critical momentum errors of the past. Moreover, in order to properly assess the current critical momentum in the accession process of Bulgaria in the EU, the deep cultural gap between both in the accession process of Bulgaria in the EU, the deep cultural gap between both realities constitutes a key factor. realities constitutes a key factor. Since 1st January 2007, indeed, a great strain has been put on this relationship. In Since 1st January 2007, indeed, a great strain has been put on this relationship. In November 2008, following its report of July 23rd, the European Commission's definitive November 2008, following its report of July 23rd, the European Commission's definitive suspension of certain European funds to Bulgaria, due to serious mismanagement, suspension of certain European funds to Bulgaria, due to serious mismanagement, was the paroxysm in the process of lack of communication between the Bulgarian was the paroxysm in the process of lack of communication between the Bulgarian Government and the European Commission, and at the same time stressed the lack of Government and the European Commission, and at the same time stressed the lack of 2 2 an efficient system of relations between the Bulgarian Government and the EU an efficient system of relations between the Bulgarian Government and the EU institutions. This decision has undoubtedly sent a shock-wave through the Bulgarian institutions. This decision has undoubtedly sent a shock-wave through the Bulgarian civil society and may, as such, contribute to common solutions. But this shock cannot civil society and may, as such, contribute to common solutions. But this shock cannot be repeated without dangers, and neither Bulgaria nor the EU are in a position to waste be repeated without dangers, and neither Bulgaria nor the EU are in a position to waste this opportunity to take a fresh look at their relationship and to try to build a new this opportunity to take a fresh look at their relationship and to try to build a new partnership. partnership. Such a situation made it necessary to try by all conceivable means to open new ways Such a situation made it necessary to try by all conceivable means to open new ways to contribute to settle the crisis and to gain a view of the future. With this aim in mind, to contribute to settle the crisis and to gain a view of the future. With this aim in mind, H.E. the Prime Minister of Bulgaria, Mr. Sergei Stanishev, decided to set up the H.E. the Prime Minister of Bulgaria, Mr. Sergei Stanishev, decided to set up the International Advisory Board, comprised of the signatories of this Report, with the International Advisory Board, comprised of the signatories of this Report, with the purpose of providing their expertise and external vision on the current situation of purpose of providing their expertise and external vision on the current situation of Bulgaria and contribute to overcoming the great challenges it is facing. Thus, with the Bulgaria and contribute to overcoming the great challenges it is facing. Thus, with the clear idea of serving the Bulgarian society and without seeking to interfere with the clear idea of serving the Bulgarian society and without seeking to interfere with the work carried out by the European Commission or the sovereignty of the Bulgarian work carried out by the European Commission or the sovereignty of the Bulgarian State, the International Advisory Board was officially constituted on November 2008 as State, the International Advisory Board was officially constituted on November 2008 as an independent body, free of institutional and partisan interests. an independent body, free of institutional and partisan interests. It has been the continuous will of the International Advisory Board to underline the It has been the continuous will of the International Advisory Board to underline the mutual responsibilities and interdependencies between the EU and Bulgaria in this mutual responsibilities and interdependencies between the EU and Bulgaria in this matter so as to allow all parties to define their contribution to the common solutions. It matter so as to allow all parties to define their contribution to the common solutions. It is not about taking sides. It is about helping to find a common ground for the best of is not about taking sides.