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Negotiating Slovakia's Way Into the Eu

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Negotiating Slovakia's Way Into the Eu BRATISLAVA – BELGRADE FUND Project No.: NPOA/2004/02/A45 Academia Istropolitana Nova Svätý Jur, Slovakia NEGOTIATING SLOVAKIA’S WAY INTO THE EU B g e r a d t i i s r l B a v s a l e B s e s l u g r r B a d e Bratislava – Belgrade Fund April 2007 Academia Istropolitana Nova Prostredná 47/A 900 21 Svätý Jur tel: +421 2 44970 449- 53 fax: +421 2 44970 455 www.ainova.sk AINova is an independent NGO operating in the area of life-long learning. It focuses on the development of human resources and preparation of professionals to contribute to raising the competitiveness of Slovakia and meet the expectations linked to the accession of Slovakia into the EU. AINova provides specialised training, NEGOTIATING consulting and participates in applied research projects in areas of protection and development of built heritage, environmental policy, European studies and public policy, SLOVAKIA’S foreign languages, methodology of distance learning and project management. Training activities are organised in WAY INTO THE EU various forms, e.g. one year study, short-term courses, distance learning and e-learning, seminars, conferences and workshops. This handbook was composed thanks to the support of the Bratislava-Belgrade Fund, within the framework of Slovak Official Development Assistance. It is a part of project 4B – Bratislava Belgrade Brussels Bridge that AINova implemented together with and for the Serbian European Integration Office. We are grateful to NPOA, Nadácia pre podporu občianskych aktivít that administers the BBF, for the support throughout the project. Svätý Jur, April 2007 The text was not linguistically revised. ISBN 978-80-968598-1-8 EAN 9788096859818 Academia Istropolitana Nova Svätý Jur, Slovakia NEGOTIATING SLOVAKIA’S WAY INTO THE EU Contributors: Lucia Bizoňová, Interim Head of European Studies Department and Trainer, AINova Kata Cigánová, Trainer and Project Manager, European Studies Department, AINova Peter Goldschmidt, Director and Senior Lecturer, European Centre for Judges and Lawyers, European Institute for Public Administration (EIPA), Luxembourg Marta Jendeková, Trainer, European Studies Department, AINova Mariana Schmieder, PhD Fellow and Assistant, European Centre for Judges and Lawyers, European Institute for Public Administration (EIPA), Luxembourg Foreword This handbook is the result of cooperation within the framework of project 4B – Bratislava Belgrade Brussels Bridge executed by Academia Istropolitana Nova, Svätý Jur within the time period of November 2005 to April 2007. The project was financed within Slovak Official Development Assistance. The handbook is aimed at project beneficiaries – the Serbian European Integration Office and its staff as well as civil servants of the Serbian state administration participating in Serbia’s Eurointegration process and focuses on the aspects of Slovakia’s way to the EU. This handbook can be considered as an extension of the collection of notes and lectures issued within a similar project by the Institute of International Relations and Approximation of Law, Faculty of Law, Comenius University, Bratislava in 2005 under the title European Union – Support via Experience, Assistance, and Training. The handbook which you are holding in your hands deals with the accession process of the Slovak Republic from a different point of view, highlighting other facts, such as negotiation experience and presents other practical examples. The handbook briefly outlines the accession process in general from the EU’s standpoint – from concluding the so called association agreements up to the accession to the EU. It reviews the different types of association agreements, gives the legal basis of the accession process, content of membership, entry criteria and selected aspects of the so-far latest accession – of Bulgaria and Romania. The main part of the handbook deals with the accession process of the Slovak Republic from 1993 up to 1 May 2004 when 6 Academia Istropolitana Nova Slovakia became an EU Member State. The chapter on Slovakia’s way is structured chronologically. The handbook describes some periods of the process in more details, others are mentioned only briefly due to the fact that a lot of information has already been published about the accession process of the Slovak Republic. A lot of information can also be found on the internet, and also in the above-mentioned publication of the Institute of International Relations and Approximation of Law. To illustrate the accession process in terms of a particular department and a particular negotiation chapter, the handbook gives the example of the Antimonopoly Office of the SR and its negotiation chapter 6 “Competition”. In its last part the handbook deals with the topic of negotiations in terms of their techniques, parties concerned, their expectations, barriers, national coordination issues, etc. The negotiation skills are of crucial importance in the accession process and the Serbian beneficiaries emphasized many times their concern related to the negotiation capacities. The chapter also includes advice on how to prepare and how to conduct accession negotiations, and provides some observations from the 2004 round of negotiations. The handbook does not elaborate the topic exhaustively, however it is the summary of essential aspects of the accession process, particular experience and we hope it will inspire the readers and give them a new impetus for further cooperation and transfer of the Slovak experience to the Serbian civil servants. AINova team Negotiating Slovakia’s way into the EU 7 Contents 1 ASSOCIATION AND ACCESSION .................................................. 9 1.1 Association ...............................................................................11 1.1.1 Legal basis .......................................................................11 1.1.2 Types of association agreements ......................................12 1.1.2.1 Association agreements: Purpose and different types .....................................................................13 1.1.2.2 Association agreements with Turkey, Malta and Cyprus ...........................................................14 1.1.2.3 Europe agreements with the CEECs ......................15 1.1.2.4 Current association agreements of the EU – Stabilisation and association agreements with Western Balkan countries and European neighbourhood policy agreements ........................18 1.1.2.5 Conclusion .......................................................... 22 1.2 Accession ................................................................................ 24 1.2.1 Legal basis ...................................................................... 24 1.2.2 Accession process ............................................................25 1.2.3 Content of membership ...................................................25 1.2.4 Accession criteria .............................................................27 1.2.5 The latest accession so far – Bulgaria, Romania ............... 28 2 THE SLOVAK WAY ........................................................................31 2.1 Years 1993 – 1995 ......................................................................33 2.1.1 European agreement ........................................................33 2.1.1.1 Legislative solution to approximation of law – approximation regulations .................................38 2.1.2 Copenhagen accession criteria ....................................... 40 2.1.3 Pre-accession strategy ...................................................... 42 2.2 Years 1996 – 1997 ..................................................................... 44 2.3 Year 1998 ................................................................................. 45 2.4 Year 1999 ................................................................................. 46 2.5 Years 2000 – 2002 .....................................................................47 2.6 Year 2003 ..................................................................................54 2.7 Year 2004 ..................................................................................55 2.8 Negotiated transitional periods for Slovakia ..............................55 8 Academia Istropolitana Nova 3 CASE STUDY – ANTIMONOPOLY OFFICE OF THE SR IN THE ASSOCIATION AND ACCESSION PROCESS (NEGOTIATION CHAPTER 6 COMPETITION) .........................................................59 3.1 State Aid ...................................................................................74 4 NEGOTIATION PROCESS ..............................................................77 4.1 The concept of “negotiations”, EU negotiations and the negotiation cycle ..........................................................81 4.2 Preparing for negotiations ....................................................... 86 4.3 Starting negotiations and pre-empting rejections of initial positions .......................................................................... 89 4.4 Important aspects of preparing negotiation mandates/instructions ................................................................ 92 4.4.1 National coordination of EU affairs in Slovakia ............... 94 4.5 Rules of thumb concerning composition and behaviour of national delegations ............................................................. 99 4.6 Some fundamental negotiation techniques ............................. 101 4.7 Slovak observations from the 2004 round of enlargement negotiations ............................................................................103
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