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Twenty Sixth Accession Watch Report PRZINO AS EXIT ROUTE March 2016 PRZINO AS EXIT ROUTE Twenty Sixth Accession Watch Report Publisher: Foundation Open Society - Macedonia For the publisher: Fani Karanfilova-Panovska, Executive Director Prepared by: Macedonian Center for European Training and Foundation Open Society - Macedonia Proofreading and Translation into English: Abacus Design & Layout: Brigada design, Skopje Print: Propoint Circulation: 500 Free/Noncommercial circulation CIP - Каталогизација во публикација Национална и универзитетска библиотека “Св. Климент Охридски”, Скопје 341.171.071.51(4-672ЕУ:497.7)”2016” 329:347.440.14(497.7)”2015” ПРЖИНО како излез: дваесет и шести извештај од следењето на процесот на пристапување на Македонија во ЕУ. - Скопје : Фондација Отворено општество - Македонија, 2016. - 110, 112 стр. : табели ; 18x24 см Насл. стр. на припечатениот текст: Przino as exit roud: twenty sixth accession watch report. - Обата текста меѓусебно печатени во спротивни насоки. - Текст на мак. и англ. јазик. - Фусноти кон текстот ISBN 978-608-218-234-6 а) Пржински договор - Македонија - 2015 б) Македонија - Зачленување - Европска Унија - 2016 COBISS.MK-ID 101468682 TABLE OF CONTENTS I. WHERE ARE WE IN MARCH 2016? 5 II. CHRONOLOGY OF EVENTS 15 1. NEW PRESIDENCY TRIO: THE NETHERLANDS, 1. ESSENCE OF PRZINO 15 SLOVAKIA AND MALTA 7 1. Establishment of caretaker government 16 1. Union of Jobs, Growth and Competitiveness 7 2. Special Prosecution Office 18 2. Union That Empowers and Protects All Its Citizens 7 Which states have special prosecution offices and why? 18 3. Towards an Energy Union with a Forward-Looking Why Macedonia needs special prosecution office? 19 Climate Policy 8 Negotiations and appointment of the special prosecutor 21 4. Union of Freedom, Security and Justice 8 Law on Special Prosecution Office 21 5. Union as a Strong Global Actor 8 First barriers at the Council of Public Prosecutors 22 The budget which VMRO-DPMNE contested 23 2. PRZINO AS EXIT ROUTE 9 Obstacle no. 2 – public prosecution service 24 Council of Public Prosecutors reconsiders 3. TURNING POINT 10 Katica Janeva’s performance 26 1. Five Areas 11 Mishaps in “Coup” 26 Interception of communications 11 3. Przino-mandated batch of laws 27 Judiciary and Prosecution 12 Amendments to the Electoral Code 27 External Oversight by Independent Bodies 12 Law on the Government of Republic of Macedonia 28 Elections 12 Amendments to the Criminal Code 28 Media 12 Law on Protection of Privacy 28 2. Accession Partnership or New Benchmarks 13 Law on Protection of Whistleblowers 29 4. Inquiry committee of short warranty period 29 4. METHODOLOGY 14 5. Media reforms 32 6. New State Election Commission 33 7. Implementation status of the Przino Agreement (by 31.12.2015) 35 8. Implementation status of the Urgent Reform Priorities 37 Twenty Sixth Accession Watch Report 2. “ID CARDS” AFFAIR 41 8. CSOs WRITE TO COMMISSIONER HAHN 72 1. Workshops for ID cards 41 2. Spinning 42 9. DEADLINE FOR A NEW DATE 74 1. Technical Prime Minister meets Ambassadors 74 3. “BOMBS” AND WHISTLEBLOWERS 42 2. Long Road to Przino: Reforms First, Then Elections! 75 4. PRZINO IN THE MEDIA 43 10. NEW DATE FOR ELECTIONS 76 1. What was agreed with the Przino Agreement? 45 2. Return of the opposition 45 3. Against the appointment of Katica Janeva 46 III. CONCLUSIONS AND RECOMMENDATIONS 77 4. New ministers create chaos 47 5. Media about the media 48 6. State advertising 52 IV. ANNEXES 83 7. Tirade against the mediator 54 8. Opposition leader on TV Kanal 5 56 1. DRAFT LAW ON THE BOMBS 83 5. ROLE OF THE INTERNATIONAL COMMUNITY 57 2. PRIEBE REPORT 85 1. Conclusions of the Stabilization and Association Council 58 2. HLAD version 2.0 58 3. PRZINO AGREEMENT 105 3. Backslide – Checked! 59 4. EU Council from December 2015 62 5. At the meeting in Washington DC 63 6. LATE RESIGNATION 64 1. Again with Hahn 64 2. As of today, only Nikola Gruevski 65 Echo of the resignation 66 Executive Committee of VMRO-DPMNE decided... 68 3. Hard feelings about the resignation 68 7. “MORE CHRISTMAS DECORATIONS THAN MPs” 69 • NO LONGER AN ELECTION DEMOCRACY 72 ...I... n March 2016, attention of all key actors in the European Union (hereinafter: EU) is focused on profound problems, including war- fare against ISIS, migrant crisis and negotiations with Turkey to protect European borders and provide assistance in dealing with Irefugees. Notably, on 1st September 2015, following previously failed attempt to reach an agreement about joint military campaign against ISIS,1 Russia decided to launch its military intervention in Syria.2 En- WHERE ARE WE kindling of armed conflicts additionally destabilized that region and forced thousands of Syrians, and people of other nationalities, to turn IN MARCH 2016? to EU Member States for salvation, in particular Germany and other Western states. 1 http://zase.mk/rusija-vleguva-vo-sirija-pochetok-na-golemoto-finale/ 2 http://kanal5.com.mk/vesti_detail.asp?ID=77555 5 Twenty Sixth Accession Watch Report The road travelled by refugees was not always land-bound. Most often legislation provides solid basis, but in the words of Commission Presi- they looked for the most direct and shortest route, which meant that dent Juncker, it must also be enforced. Accordingly, he said: “[…] we most refugees found themselves on Greek islands and later, crossing ter- need more Europe in our asylum policy. We need more Union in our refugee ritories of Greece and Macedonia, continued their journey toward West- policy”.6 Following up on President Juncker’s speech, the European Com- ern Europe. Fall of 2015 was not the first time Macedonia had encoun- mission (hereinafter: EC) put forward proposal for re-allocation of ad- tered refugees, i.e. they were an almost regular feature along highways of ditional 120,000 refugees from Italy, Greece and Hungary, i.e. additional Corridor X earlier in the year, i.e. in spring time. However, first airborne 160,000 refugees from this three Member States with the new proposal intervention of the Russian Army marked the onset of a full-fledged exo- from 14th September 2015. dus. By the year’s end, more than 600,000 refugees were on EU’s territory, with most affected Member States being Greece - with approximately Despite these publicly confirmed commitments and specific pro- 250,000 refugees, Hungary - with 150,000, and Italy - with 100,000 refu- posals made by certain Member States, primarily those affected by the gees. refugee crisis, such as Austria and Hungary, including the latter’s allies from so-called Visegrad Group, initiated activities to create a coalition In his address at the European Parliament marking his one-year an- that would reject EC’s proposals and would work on promoting partial niversary in office,3 President of the European Commission Jean-Claude approach to refugee crisis.7 Contrary to expectations and commitments Juncker stated: “The numbers are impressive. For some, they are frighten- assumed under the Stabilization and Association Agreement, Macedo- ing. But now is not the time to take fright. It is time for bold, determined nia engaged in active communication with, and even openly supported, and concerted action by the European Union, by its institutions and by all this group of states. At one point, the public learned about the letter in Member States”.4 Later, reminiscing on horrors of all persecutions that which foreign minister Nikola Poposki had asked some of his colleagues have happened on European grounds and previous moments when citi- for assistance in dealing with refugees,8 which suspiciously resembled zens of Member States have been refugees, he indicated: “[…] it is high the initiative of Visegrad Group and Austria. After several misshaped in- time to manage the refugee crisis. There is no alternative to this”.5 terventions by the Macedonian police at border lines with Greece, many interpreted all previous and ongoing activities as attempt on the part of Truth to be told, the EU is designing standards in the field of migra- ruling VMRO-DPMNE to ensure certain support among Member States and tion and asylum since 2000, and gradually promotes and develops the promote itself as factor of stability in the state. system it has established. Most recent EU Directive in this field was ad- opted in July 2015, or better said, in the midst of the refugee crisis. This 6 Ibid 4 3 http://europa.eu/rapid/press-release_SPEECH-15-5614_en.htm 7 http://kurir.mk/makedonija/vesti/kurts-problemot-e-vo-grtsija-makedonija-ne- 4 http://europa.eu/rapid/attachment/SPEECH-15-5614/en/State%20of%20the%20 mozhe-sama-vo-borbata-so-begalskata-kriza/ Union%202015.pdf 8 http://kapital.mk/euractiv-makedonija-pobarala-shok-bombi-gumeni-granati- 5 Ibid 4 elektroshokeri-za-kontrola-na-begaltsite/ 6 WHERE ARE WE IN MARCH 2016? 1. NEW PRESIDENCY TRIO: THE • Investing in the future, including investment in the digital NETHERLANDS, SLOVAKIA AND MALTA agenda. In early 2016, new trio of states (the Netherlands, Slovakia and • Strengthening the Union’s global attractiveness. Malta) assumed the EU Presidency with their mandate ending on 30th June 2017. In preparation for their presidency, these states de- • Deepening the Economic and Monetary Union. veloped the EU Presidency Programme and defined priorities they would be in their focus of work according to EU’s strategic objec- As another priority area, the Union works on all aspects of envi- tives.9 Hence, their programme titled “Taking Forward the Strategic ronmental protection, in particular improving natural resource man- Agenda” is based on principles of better regulation and five pillars agement, in parallel to its commitment to economic growth and job from the Strategic Agenda. creation. 1. Union of Jobs, Growth and Competitiveness 2.
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