General statements

0

GENERAL STATEMENTS

MONTENEGRO

2005

EUROPEAN COMMISSION

In Montenegro, the rule of law needs to be further strengthened. Links continue to exist between organised crime and segments of the political and institutional system. International surveys indicate that Serbia and Montenegro suffers from a high level of corruption. The fight against organised crime and corruption therefore represent key challenges for Serbia and Montenegro.[1]

In both Serbia and Montenegro the rule of law remains fragile because of constitutional and legal uncertainty, structural weakness and undue politicisation of the administration and the judiciary, the high level of corruption, the pressure exerted by organised crime, and obstruction from parts of the institutional, political, military and state security systems. While there is an increasing awareness of this among civil society, few efforts are made by the authorities to deal with the legacy of the past and reinforce the rule of law. The situation therefore remains a source of concern.[2]

International surveys continue to indicate that Serbia and Montenegro suffers from a high level of corruption.[3]

In Montenegro, the functioning of the executive reflects a rather stable governing coalition, which facilitates decision-making. There is, however, an environment conducive to corruption and nepotism.[4]

In spite of the recent adoption of a strategy on the fight against corruption and organised crime, the environment remains conducive to corruption.[5]

The fight against organised crime, money laundering and corruption, which are serious challenges to the rule of law, is at a rather early stage.[6]

The fight against organised crime and corruption must be stepped up and it should deliver concrete results.[7]

COUNCIL OF EUROPE

Corruption remains a source of concern in both member states. However, during the period covered by the present report, positive developments should be welcomed.[8]

Republic of Montenegro: to step up action against corruption and organised crime, in particular trafficking in human beings, and undertake appropriate and diligent investigations into allegations of trafficking.[9]

As regards rule of law, in both Republics, fight against organised crime and corruption has been stepped up.[10]

Republic of Montenegro: to step up action against corruption and organised crime.[11]

2006

EUROPEAN COMMISSION

The lack of guarantees for appropriate control over state institutions and the influence of organised crime in certain spheres of economic and social life further limit the capacity of the state to fight corruption successfully.[12]

However, the progress on implementation on the ground is still slow. Corruption continues to be a widespread problem. The causes of corruption are related to shortcomings in the transition process and the frequent abuse of administrative procedures.[13]

GRECO

The authorities of the Republic of Montenegro consider corruption as “a complex, extremely dangerous and widespread criminal phenomenon“.[14]

According to the same research, the categories of persons considered as more involved in corruption are: high state officials, doctors, managers in state enterprises, judges, customs’ officials and police officers.[15]

In their replies to GRECO’s questionnaire, the authorities of the Republic of Montenegro report that countries in transition, which include the Republic of Montenegro, are more vulnerable to organised criminal groups’ activities than other states. They mention extortion (quoted also as “elimination of competition”), money laundering, illegal gambling businesses, robbery, traffic in motor vehicles and prostitution as the main criminal activities of organised groups in the region.[16]

As already indicated in the descriptive part of the report, the survey carried out in the eight biggest Montenegrin municipalities showed that 76,4 per cent of those interviewed considered corruption and organised crime as one of the most important social concerns.[17]

This is all the more urgent since corruption is regarded as one of the main obstacles to the country’s economic and social development. Therefore, the GET recommends that the authorities of Montenegro carry out the necessary studies in order to gain a clearer insight into the scale of corruption and its various features so that anti-corruption initiatives and plans can be targeted more effectively.[18]

2007

EUROPEAN COMMISSION

The lack of appropriate control over state institutions and the influence of organized crime further limit the capacity to fight corruption. Overall, there have been a few results in this area. The situation calls for urgent action in order to achieve relevant results on the ground, especially in the area of high-level corruption[19]

However, corruption is widespread and is a very serious problem. Decision-makers at the highest level have highlighted the need to tackle corruption. However, enforcement remains a problem. Very few cases have been brought to justice.[20]

COUNCIL OF EUROPE

Corruption is perceived to be one of the key problems facing Montenegro’s society and its political, economic, judicial and law-enforcement institutions.[21]

2008

COUNCIL OF EUROPE

Support for the fight against corruption and organised crime, for improvement of the conditions and participation of the non-governmental sector and for the freedom and independence of the media should be amongst the priorities in the next period.[22]

SERBIA

2005

EUROPEAN COMMISSION

International surveys indicate that Serbia and Montenegro suffers from a high level of corruption. The fight against organised crime and corruption therefore represent key challenges for Serbia and Montenegro.[23]

The fight against organised crime, money laundering and corruption, which are serious challenges to the rule of law, is at a rather early stage.[24]

The fight against organised crime and corruption must be stepped up and it should deliver concrete results.[25]

In both Serbia and Montenegro the rule of law remains fragile because of constitutional and legal uncertainty, structural weakness and undue politicisation of the administration and the judiciary, the high level of corruption, the pressure exerted by organised crime, and obstruction from parts of the institutional, political, military and state security systems. While there is an increasing awareness of this among civil society, few efforts are made by the authorities to deal with the legacy of the past and reinforce the rule of law. The situation therefore remains a source of concern.[26]

International surveys continue to indicate that Serbia and Montenegro suffers from a high level of corruption.[27]

Corruption remains a serious concern.[28]

COUNCIL OF EUROPE

Corruption remains a source of concern in both member states. However, during the period covered by the present report, positive developments should be welcomed.[29]

Republic of Serbia: to pursue resolutely the fight against corruption and organised crime, namely by adopting and adequately implementing the National Anti-Corruption Strategy, which should be followed up by an action plan.[30]

Fight against corruption and organised crime represents one of the greatest challenges of European countries and in particular of transition countries.  In the past months, a number of positive developments need to be underlined. [31]

2006

EUROPEAN COMMISSION

However, as acknowledged by the national strategy, corruption is perceived as widespread in Serbia.[32]

GRECO

The authorities of the Republic of Serbia consider corruption as “one of the most serious problems in the Republic of Serbia”.[33]

During the on-site visit, the GET was told that corruption is a significant problem in the Republic of Serbia and that the problem occurs throughout society.[34]

The fight against corruption is among the Government’s highest priorities.[35]

2007

EUROPEAN COMMISSION

Focus areas for financial assistance include political requirements covering, inter alia, democratic institutions, public administration reform, rule of law, reform of the judiciary, fight against corruption, human rights and protection of minorities, socio-economic requirements and European Standards.[36]

The government set out a number of key priorities for its term in office: the status of Kosovo, implementation of international obligations and cooperation with International Criminal Tribunal for former Yugoslavia (ICTY), acceleration of the process of European integration, economic development and the fight against corruption and crime.[37]

However, corruption is still widespread and constitutes a serious problem in Serbia.[38]

Overall, limited progress has been made in the fight against corruption. Corruption is widespread and remains a serious problem in Serbia. [39]

COUNCIL OF EUROPE

The fight against corruption is a priority for the Serbian government and for the citizens.[40]

BOSNIA AND HERZEGOVINA

2005

EUROPEAN COMMISSION

Surveys and assessments conducted by both national and international organizations confirm that corruption remains a serious and widespread problem in Bosnia and Herzegovina. Corruption affects almost all aspects and levels of society.[41]

Further efforts are necessary to fight corruption. [42]

2006

EUROPEAN COMMISSION

Overall, Bosnia and Herzegovina has made limited progress in dealing with corruption, which remains a serious issue.[43]

2007

EUROPEAN COMMISSION

Overall, Bosnia and Herzegovina has made limited progress in dealing with corruption. Corruption is widespread and remains a serious problem. [44]

COUNCIL OF EUROPE

Overall, Bosnia and Herzegovina has made limited progress in fighting corruption. [45]

2008

COUNCIL OF EUROPE

Overall, Bosnia and Herzegovina has made limited progress in fighting corruption.[46]

KOSOVO

2005

EUROPEAN COMMISSION

Although there has been an effort to grow as a government and improve joint rather than individual leadership, the government’s work has been tainted by corruption accusations.[47]

Corruption in Kosovo is wide-spread at all levels.[48]

2006

EUROPEAN COMMISSION

However, corruption in Kosovo is still widespread at all levels and little progress has been made in tackling corruption.[49]

Overall, little progress has been made in tackling corruption. [50]

2007

EUROPEAN COMMISSION

Due to a lack of clear political will to fight corruption, and to insufficient legislative and implementing measures, corruption is still widespread and remains a major problem.[51]

However, corruption is still prevalent, undermining a proper functioning of the institutions in Kosovo. [52]

Overall, some progress was made in the fight against corruption, but corruption is still widespread and constitutes a very serious problem.[53]

ALBANIA

2005

EUROPEAN COMMISSION

In its 2004 report the Commission found that rule of law in Albania remained weak, with corruption and organised crime considered serious threats to the country’s progress, and that further efforts were needed to ensure full respect of human rights by law enforcement bodies.[54]

Nevertheless, corruption remains a serious problem.[55]

Efforts have been made to fight corruption and improve human rights.[56]

GRECO

Corruption remains one of the main concerns in Albania, which also faces other types of serious criminality, such as organised crime, trafficking in human beings, drug trafficking, smuggling, etc.[57]

2006

EUROPEAN COMMISSION

Sustained progress in fighting corruption is a fundamental condition for successful implementation of the SAA and the Interim Agreement. This will require following up strong initial measures with systematic efforts to tackle the causes of corruption by fixing legal loopholes, improving salaries, stabilising the public administration, further simplifying complex and opaque administrative procedures and improving the professionalism of civil servants.

Designing and adopting effective legislation for the required systemic reforms will require broad political consensus on how to tackle corruption in the medium and long term. [58]

Combating high level corruption in rule of law bodies is hindered by a lack of strategy and of coordination between law enforcement officials and agencies in charge of overseeing public expenses, procurements and living standards of public officials. [59]

2007

EUROPEAN COMMISSION

Corruption is widespread and constitutes a very serious problem in Albania.[60]

Overall, Albania has continued to address corruption, a key European Partnership priority. The government is taking a more strategic approach, but corruption remains widespread and constitutes a very serious problem. [61]

Efforts against organised crime are seriously hampered by corruption at all levels of law enforcement.[62]

CROATIA

2005

EUROPEAN COMMISSION

In its 2004 Opinion, the Commission found that: “The effectiveness of the fight against corruption needs further strengthening.”[63]

Corruption continues to be a serious problem in Croatia that affects various aspects of society. Croatia is one of the few European countries where surveys highlight the public perception that corruption has actually got worse over the past year. The main areas of perceived corruption are the health and construction sectors, as well as the judiciary. Various surveys and reports indicate the prevalence of corruption as a major concern of Croatian citizens. On the other hand, general tolerance of petty corruption appears to be widespread. Public awareness of all forms of corruption as a serious criminal offence needs to be raised.[64]

Despite some progress in setting up the necessary legislative and institutional framework, efforts aimed at tackling corruption, which remains a serious problem in Croatia, need to be further stepped up.[65]

Equally, Member States must fight corruption effectively, as it represents a threat to the stability of democratic institutions and the rule of law.[66]

2006

EUROPEAN COMMISSION

The importance of tackling corruption is being increasingly highlighted by senior politicians.[67]

However, corruption remains a serious problem. Many allegations of corruption remain uninvestigated and corrupt practices usually go unpunished.[68]

Greater efforts to proactively prevent, detect and effectively prosecute corruption are clearly needed. [69]

The general attitude of the authorities to corruption is reactive rather than proactive.[70]

Overall, corruption continues to be a serious problem in Croatia that affects various aspects of society. Public perception of corruption has actually deteriorated over the past year.[71]

Corruption in Croatia is aided by a lack of good governance, transparency and accountability in public administration and by a lack of ethic codes and codes of conduct in the public and private sectors.[72]

There has been some progress in the fight against corruption, but this issue remains a serious problem.[73]

Alignment with the acquis in this chapter is well underway but continued and sustained efforts are needed, among the other fields, in the prevention of corruption and fight against organised crime.[74]

2007

EUROPEAN COMMISSION

However, corruption remains widespread. There is a need for greater efforts to prevent, detect and prosecute corruption. No indictment or verdict has been issued in any high-level corruption case.[75]

Overall, corruption at the political, economic and institutional level, including the judiciary, as well as the general tolerance of petty corruption remains widespread. Corruption in Croatia is aided by a lack of good governance, transparency and accountability in public administration and by a lack of ethics codes and codes of conduct in the public and private sectors.[76]

However, corruption remains a widespread problem and considerable efforts are still needed. [77]

MACEDONIA

2005

EUROPEAN COMMISSION

International reports and surveys indicate that corruption is a serious and widespread problem which affects many aspects of social, political and economic life despite the intensification of efforts to fight it and increased awareness of its negative impact on the country’s successful transition.[78]

The level of corruption remains high and affects many aspects of the economic, social and political life of the country. The effectiveness of the fight against corruption therefore needs further strengthening. [79]

Overall there is a high level of corruption affecting many aspects of social, political and economic life.[80]

GRECO

Corruption in “the former Yugoslav Republic of Macedonia” remains a serious problem, which the authorities address as a high priority. The State Programme against Corruption and the Matrix for its implementation are proof of this; however, a formal adoption of the Programme by the Government) would emphasise even more their commitment to fight corruption.[81]

2006

EUROPEAN COMMISSION

Corruption remains widespread, holding back economic development and weakening social cohesion.[82]

However, corruption remains widespread. Many allegations of corruption have yet to be investigated. Strong political will is required to step up efforts to combat corruption effectively. [83]

There has been some progress in the area of anti-corruption policy and measures. Corruption remains widespread and is perceived as among the main problems for the country.[84]

Overall, corruption remains widespread in the former Yugoslav Republic of Macedonia and affects various aspects of society.[85]

2007

EUROPEAN COMMISSION

However, corruption is widespread and constitutes a very serious problem.[86]

Corruption is widespread and constitutes a very serious problem.[87]

BULGARIA

2004

EUROPEAN COMMISSION

Surveys and assessments conducted by both national and international organizations confirm that corruption continues to be perceived as a serious problem, although there are no reports of deterioration. [88]

Strong efforts will be necessary to foster Bulgaria’s capacity to prosecute organised crime and corruption, which involves further reforms in the structures of the judiciary and of the police. Bulgaria has implemented several measures in the fight against corruption, but it remains a problem. Renewed efforts are needed, including tackling high level corruption.[89]

Some progress was made in the area of the fight against fraud and corruption. [90]

However, delays have occurred on judicial reform and the fight against crime and corruption.[91]

Bulgaria has implemented several measures in the fight against corruption, but it remains a problem. Renewed efforts are needed, including tackling high level corruption.[92]

However, significant further efforts are needed to strengthen the law enforcement capacity and policy formulation in order to step up the fight against organised crime and corruption.[93]

2005

EUROPEAN COMMISSION

Surveys and assessments conducted by both national and international organisations confirm that widespread corruption remains a cause for concern and affects many aspects of society.[94]

Bulgaria will need to continue vigorously the fight against high-level corruption. [95]

While efforts to combat corruption have had a certain impact, notably in relation to petty corruption, generally the perception remains that corruption continues to be a cause for concern.[96]

The main problem in combating corruption effectively remains the weak results in the investigation and prosecution of high-level corruption cases.[97]

There are very few cases of completed prosecutions of high level corruption cases. [98]

The overall enforcement record in the field of corruption remains very weak. [99]

Furthermore urgent attention is required to tackle corruption and organised crime, which are challenging the rule of law. The existing anticorruption legislation must be enforced rigorously, particularly in cases of high level corruption. [100]

Serious concerns exist in relation to Bulgaria’s preparation for implementing the acquis in the following areas: in the fields of Schengen and external borders, the fight against fraud and corruption, police co-operation and the fight against organised crime.[101]

Finally, urgent action is required in the field of justice and home affairs, in particular as regards preparations for applying the Schengen acquis and for the management of the future EU external border as well as police cooperation and the fight against organised crime and fraud and corruption, if Bulgaria is to be ready for membership by the envisaged date.[102]

2006

EUROPEAN COMMISSION

Indictments, prosecutions, trials, convictions and dissuasive sentences for high-level corruption remain rare. Petty corruption is still a concern in sectors such as health and education.[103]

Overall, certain progress has been made in fighting corruption. Bulgaria needs to present clear evidence of results in its fight against corruption, in particular high-level corruption.[104]

The structures to coordinate and implement the anti-corruption policy need strengthening in order to perform their roles effectively. Indictments, prosecutions, trials, convictions and dissuasive sentences remain rare in the fight against high-level corruption. Bulgaria needs to present clear evidence of results in this area.[105]

In the areas of police cooperation and fight against organised crime and of fight against fraud and corruption only very limited progress was made despite the fact that urgent action was requested in October 2005.[106]

There remain six areas of serious concern, which require urgent action: … More effective and efficient implementation of laws for the fight against fraud and corruption.[107]

However, there have been few concrete examples of investigations or prosecution or charges of high level corruption.[108]

The report shows that further progress is still necessary in the area of judicial reform and the fight against organised crime and corruption.[109]

There has been some progress in the areas of judicial reform and the fight against corruption, money-laundering and organised crime, but further tangible results are needed.[110]

Bulgaria has continued to make progress in the fight against corruption.[111]

So far, few concrete results have emerged from the investigation and prosecution of corruption cases. As regards high level corruption, there are still very few indictments and convictions relating to senior figures and little information about the level of sanctions.[112]

Overall, a certain amount of progress has taken place since the May Report. However, as indicated above a number of important issues still remain to be addressed.[113]

Several measures have been taken to uncover links between law enforcement bodies and organised crime groups.[114]

ROMANIA

2004

EUROPEAN COMMISSION

Surveys and assessments conducted by both national and international organizations confirm that corruption remains a serious and widespread problem in Romania which affects almost all aspects of society. There has been no reduction in perceived levels of corruption and the number of successful prosecutions remains low, particularly for high level corruption. The fight against corruption is hampered by integrity problems even within institutions that are involved in law enforcement and the fight against corruption.[115]

Corruption in Romania continues to be serious and widespread.[116]

Corruption in Romania continues to be serious and widespread. Romania’s anticorruption legislation is generally well developed, but its ability to curb corruption will depend on the effective implementation of the law. [117]

2005

EUROPEAN COMMISSION

Surveys and assessments conducted by both national and international organisations confirm that corruption remains a serious and widespread problem that affects many aspects of society. The impact to date of Romania’s fight against corruption has been limited, there has been no significant reduction in perceived levels of corruption and the number of successful prosecutions remains low, particularly for high-level political corruption.[118]

The fight against corruption should receive high priority. Efforts should focus on the effective enforcement of anti-corruption legislation and on preventive measures, fighting high-level corruption and corruption within law enforcement bodies.[119]

2006

EUROPEAN COMMISSION

Overall, progress has been made in fighting corruption.[120]

Romania needs to continue efforts with a view to consolidating and building on the progress made in its fight against corruption. [121]

Romania has made progress in fighting corruption, by establishing sound structures and launching investigations into a considerable number of high-level corruption cases. Following such investigations, four senior figures have been indicted.[122]

In the fight against high-level corruption, Romania needs to continue efforts with a view to consolidating and building on the progress made in its fight against corruption. [123]

In the fight against fraud and corruption Romania has stepped up its fight against corruption and in particular the quantity and quality of serious non-partisan investigations into allegations of high-level corruption has increased.[124]

Progress has continued in the fight against corruption. [125]

There has been some progress in the areas of judicial reform and the fight against corruption, money-laundering and organised crime, but further tangible results are needed.[126]

Romania has continued to make progress in fighting corruption.[127]

Overall, progress continues to be made in fighting corruption, particularly in launching criminal investigations and concluding indictments. Further indictments, trials, final convictions of the guilty and dissuasive sentences in high-level cases are needed to ensure the sustainability and irreversibility of the recent progress.[128]


[1] Commission of the European Communities, Commission Staff Working Paper Report on the Preparedness of Serbia and Montenegro to Negotiate a Stabilisation and Association Agreement with the European Union, Brussels, 12.04.2005 SEC (2005) 478 final, Political criteria, Democracy and the Rule of Law,  p. 6

[2] European Commission, Serbia and Montenegro 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1428, Political situation Democracy and the Rule of Law, p.12

[3] European Commission, Serbia and Montenegro 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1428, Political situation, Democracy and the rule off law, Anti-corruption policy, p. 16

[4] Commission of the European Communities, Commission Staff Working Paper Report on the Preparedness of Serbia and Montenegro to Negotiate a Stabilisation and Association Agreement with the European Union, Brussels, 12.04.2005 SEC (2005) 478 final, Political criteria, Democracy and the Rule of Law, Executive and presidency, p. 8

[5] European Commission, Serbia and Montenegro 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1428, Political situation, Democracy and the rule of law, Government, p. 12

[6] Commission of the European Communities, Communication from the Commission on the Preparedness of Serbia and Montenegro to Negotiate a Stabilisation and Association Agreement with the European Union, {SEC(2005) 478}, Brussels, 12.4.2005 COM(2005) 476 final, Assessment, Ability to Assume the Obligations resulting from an SAA, Justice and home affairs, p. 7

[7] Commission of the European Communities, Communication from the Commission on the Preparedness of Serbia and Montenegro to Negotiate a Stabilisation and Association Agreement with the European Union, {SEC(2005) 478}, Brussels, 12.4.2005 COM(2005) 476 final, Overall conclusion, p. 8

[8] Council of Europe, SG/Inf(2005)5 final, Serbia and Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Seventh report (December 2004 – February 2005),14 March 2005, Action to fight against corruption and regulate conflict of interest, p. 13

[9] Council of Europe, SG/Inf(2005)13 , Serbia and Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Eighth report (March 2005 – June 2005), 13 July 2005, Main conclusions and recommendations, p.24

[10] Council of Europe, SG/Inf(2005)16 final, Serbia and Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Ninth report (July 2005 – September 2005, 11 October 2005, Summary, p. 1

[11] Council of Europe, SG/Inf(2005)16 final, Serbia and Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Ninth report (July 2005 – September 2005, 11 October 2005, Main conclusions and recommendations, p. 18

[12] Commission of the European Communities, Commission Staff Working Document Montenegro 2006 Progress Report EN {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006) 1388, Political criteria, Democracy and the rule of law, Anti-corruption policy, p. 11

[13] Ibid, p. 11

[14] Groupe of States against corruption, Joint First and Second Evaluation Rounds, Evaluation Report on the Republic of Montenegro, Adopted by GRECO at its 30 th Plenary Meeting Strasbourg, 9-13 October 2006, Overview of anti-corruption policy in the republic of Montenegro, Description of the situation, Perception of corruption, p. 3

[15] Ibid, p. 3

[16] Ibid, p. 3 – 4

[17] Groupe of States against corruption, Joint First and Second Evaluation Rounds, Evaluation Report on the Republic of Montenegro, Adopted by GRECO at its 30 th Plenary Meeting Strasbourg, 9-13 October 2006, Overview of anti-corruption policy in the Republic of Montenegro, Analysis, p. 5- 6

[18] Ibid, p. 6

[19] Commission of the European Communities, Commission Staff Working Document Montenegro 2007 Progress Report {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1434, Political criteria, Democracy and the rule of law, Anti-corruption policy, p. 12

[20] Ibid, p. 12

[21] Council of Europe, SG/Inf (2007) 10 final,Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, First Secretariat Report (from May to July 2007), 16 November 2007, Fight against corruption and organised crime, Corruption and organised crime, p. 12

[22]Council of Europe, SG/Inf (2008) 9 final Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Secretariat Monitoring Report (from August 2007 through April 2008), 11 June 2008, Executive Summary, p.1

[23] Commission of the European Communities, Commission Staff Working Paper Report on the Preparedness of Serbia and Montenegro to Negotiate a Stabilisation and Association Agreement with the European Union, Brussels, 12.04.2005 SEC (2005) 478 final, Political criteria, Democracy and the Rule of Law,  p. 6

[24] Commission of the European Communities, Communication from the Commission on the Preparedness of Serbia and Montenegro to Negotiate a Stabilisation and Association Agreement with the European Union, {SEC(2005) 478}, Brussels, 12.4.2005 COM(2005) 476 final, Assessment, Ability to Assume the Obligations resulting from an SAA, Justice and home affairs, p. 7

[25] Commission of the European Communities, Communication from the Commission on the Preparedness of Serbia and Montenegro to Negotiate a Stabilisation and Association Agreement with the European Union, {SEC(2005) 478}, Brussels, 12.4.2005 COM(2005) 476 final, Overall conclusion, p. 8

[26] European Commission, Serbia and Montenegro 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1428, Political situation Democracy and the Rule of Law, p.12

[27] European Commission, Serbia and Montenegro 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1428, Political situation, Democracy and the rule off law, Anti-corruption policy, p. 16

[28] European Commission, Serbia and Montenegro 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1428, Political situation, General evaluation, p. 26

[29] Council of Europe, SG/Inf(2005)5 final, Serbia and Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Seventh report (December 2004 – February 2005),14 March 2005, Rule of Law, Action to fight against corruption and regulate conflict of interest, p. 13

[30] Council of Europe, SG/Inf(2005)16 final, Serbia and Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Ninth report (July 2005 – September 2005, 11 October 2005, Main conclusions and recommendations, p.17

[31] Council of Europe,  SG/Inf(2006)01, Serbia and Montenegro: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Tenth report (October 2005 – January 2006) 19 January 2006, Rule of law, Fight against corruption and organised crime, p.16

[32] Commission of the European Communities, Commission Staff Working Document, Serbia 2006 Progress Report, {COM(2006) 649 final}, Brussels, 8.11.2006 SEC(2006) 1389, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.11

[33] Group of States Against Corruption, Joint First and Second Evaluation Rounds, Evaluation Report on the Republic of Serbia, Adopted by GRECO at its 29th Plenary Meeting Strasbourg, 19-23 June 2006, Overview of anti-corruption policy in the republic of Serbia, Description of the situation, Perception of corruption, p.4

[34] Group of States Against Corruption, Joint First and Second Evaluation Rounds, Evaluation Report on the Republic of Serbia, Adopted by GRECO at its 29th Plenary Meeting Strasbourg, 19-23 June 2006, Overview of anti-corruption policy in the republic of Serbia, Analysis, p.7

[35] Ibid, p.7

[36] Commission of the European Communities, Commission Staff Working Document Serbia 2007 Progress Report, {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1435, Introduction, Relations between the EU and Serbia, p.5

[37]Commission of the European Communities, Commission Staff Working Document Serbia 2007 Progress Report, {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1435, Political criteria, Democracy and the rule of law, Government, p.7

[38] Commission of the European Communities, Commission Staff Working Document Serbia 2007 Progress Report, {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1435, Political criteria,  Democracy and the Rule of Law, Anti-corruption policy, p. 11

[39] Commission of the European Communities, Commission Staff Working Document Serbia 2007 Progress Report, {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1435, Political criteria, Democracy and the Rule of Law, Anti-corruption policy, p. 11

[40] Council of Europe, SG/Inf (2008) 3, Serbia: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, 3rd Report (July 2007 – January 2008), 16 January 2008, Recent Developments, Rule of law , p.6

[41] European Commission, Bosnia and Herzegovina 2005 Progress Report, {COM (2005) 561 final}, Brussels, 9 November 2005, SEC (2005) 1422, Political situation, Democracy and the rule of law, Anti-corruption policy, p.18

[42] European Commission, Bosnia and Herzegovina 2005 Progress Report, {COM (2005) 561 final}, Brussels, 9 November 2005, SEC (2005) 1422, Political situation,General evaluation,p.28

[43] Commission of the European Communities, Commission Staff Working Document, Bosnia and Herzegovina 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006) 1384, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.12

[44] Commission of the European Communities, Commission Staff Working Document Bosnia and Herzegovina 2007 Progress Report {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1430, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.15

[45] Council of Europe, Bosnia and Herzegovina: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Thirteenth Report (June 2006-March 2007), Rule of law, Fight against corruption and organised crime, p.14

[46] Council of Europe, Bosnia and Herzegovina: Compliance with obligations and commitments and implementation of the post-accession co-operation programme, Fourteenth Report (June 2007-May 2008), Rule of law, Fight against corruption and organised crime, p.18

[47] European Commission, Kosovo (under UNSCR 1244) 2005 Progress Report, {COM (2005) 561 final}, Brussels, 9 November 2005, SEC (2005) 1423, Political situation, Democracy and the rule of law, Government, p.11

[48] European Commission, Kosovo (under UNSCR 1244) 2005 Progress Report, {COM (2005) 561 final}, Brussels, 9 November 2005, SEC (2005) 1423, Political situation, Democracy and the rule of law, Anti-corruption policy , p.15

[49] Ibid, p. 11

[50] Ibid, p. 11

[51] Commission of the European Communities Commission Staff Working Document Kosovo under UNSCR 1244 2007 Progress Report {COM(2007) 663 final, Brussels, 6.11.2007 SEC(2007) 1433, Political criteria, Democracy and the rule of law, Anti-corruption policy, p. 13

[52] Ibid, p. 13

[53] Ibid, p. 14

[54] European Commission, Albania 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005, SEC (2005) 1421, Political situation, p.7

[55] European Commission, Albania 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005, SEC (2005) 1421, Political situation, Democracy and rule of law, Anti-corruption policy, p.15

[56] European Commission, Albania 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005, SEC (2005) 1421, Political situation, General evaluation, p.23

[57] Group of States Against Corruption, Second Evaluation Round, Evaluation Report on Albania, Adopted by GRECO at its 22nd Plenary Meeting (Strasbourg, 14-18 March 2005), Theme I – Proceeds of corruption, Analysis, p.6

[58] Commission of the European Communities, Commission Staff Working Document, Albania 2006 Progress Report{COM (2006) 649 final}, Brussels, 8.11.2006, SEC(2006) 1383, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.10

[59] Commission of the European Communities, Commission Staff Working Document, Albania 2006 Progress Report{COM (2006) 649 final}, Brussels, 8.11.2006, SEC(2006) 1383, European standards, Justice, freedom and security, Fighting organised crime, p.44

[60] Commission of the European Communities, Commission Staff Working Document, Albania 2007 Progress Report , {COM(2007) 663 final, Brussels, 6.11.2007, SEC(2007) 1429, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.9

[61] Ibid, p. 10

[62] Commission of the European Communities, Commission Staff Working Document, Albania 2007 Progress Report , {COM(2007) 663 final, Brussels, 6.11.2007, SEC(2007) 1429, European standards, Justice, freedom and security, Fighting organised crime , p. 48

[63] European Commission, Croatia 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1424, Political criteria, p.10

[64] European Commission, Croatia 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1424, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.16

[65] European Commission, Croatia 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1424, Political criteria, Democracy and the rule of law, General Evaluation, p.33

[66] European Commission, Croatia 2005 Progress Report {COM (2005) 561 final}, Brussels, 9 November 2005 SEC (2005) 1424, Ability to assume the obligations of membership, Chapters of the acquis, Judiciary and fundamental rights, p.83

[67] Commission of the European Communities, Commission Staff Working Document Croatia 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006) 1385, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.8

[68] Ibid, p.8

[69] Commission of the European Communities, Commission Staff Working Document Croatia 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006) 1385, Ability to assume the obligations of membership, Judiciary and fundamental rights, p.51

[70] Ibid, p.51

[71] Ibid, p.51

[72] Ibid, p.51

[73] Commission of the European Communities, Commission Staff Working Document Croatia 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006) 1385, Ability to assume the obligations of membership, Judiciary and fundamental rights, Conclusion p.53

[74] Commission of the European Communities, Commission Staff Working Document Croatia 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006) 1385, Ability to assume the obligations of membership,, Justice, freedom and security, Conclusion, p.55

[75] Commission of the European Communities, Commission Staff Working Document Croatia 2007 Progress Report, {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1431, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.10

[76] Commission of the European Communities, Commission Staff Working Document Croatia 2007 Progress Report, {COM(2007) 663 final}, Brussels, 6.11.2007 SEC(2007) 1431, Ability to assume the obligations of membership, Judiciary and fundamental rights, p.51

[77] Ibid, p.53

[78] Commission of the European Communities, Analytical Report for the Opinion on the application from the former Yugoslav Republic of Macedonia for EU membership {COM (2005) 562 final}, Brussels, 9 November 2005 SEC (2005) 1425, Political criteria, Democracy and the rule of law, Political criteria, Democracy and the rule of law, Anti-corruption policy, p.22

[79] Commission of the European Communities, Analytical Report for the Opinion on the application from the former Yugoslav Republic of Macedonia for EU membership {COM (2005) 562 final}, Brussels, 9 November 2005 SEC (2005) 1425, Political criteria, General evaluation, p.34

[80] Commission of the European Communities, Analytical Report for the Opinion on the application from the former Yugoslav Republic of Macedonia for EU membership {COM (2005) 562 final}, Brussels, 9 November 2005 SEC (2005) 1425, Ability to assume the obligations of membership, Chapters of the acquis, Judiciary and fundamental rights, Anti-corruption policy and measures, p. 110

[81] Group of States Against Corruption, Second Evaluation Round, Evaluation Report on the Former Yugoslav Republic of Macedonia, Adopted by GRECO at its 25th Plenary Meeting, Strasbourg, 10 – 14 October 2005, Conclusion, p.22

[82] Commission of the European Communities, Commission Staff Working Document, The Former Yugoslav Republic of Macedonia 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006)1387,

Political criteria, Democracy and the rule of law, Anti-corruption policy, p. 11

[83] Ibid, p. 11

[84] Ibid , p.44

[85] Commission of the European Communities, Commission Staff Working Document, The Former Yugoslav Republic of Macedonia 2006 Progress Report, {COM (2006) 649 final}, Brussels, 08.11.2006 SEC (2006)1387, Ability to assume the obligations of membership, Judiciary and fundamental rights, p.45

[86] Commission of the European Communities, Commission Staff Working Document the former Yugoslav Republic of Macedonia 2007, Progress Report, {COM(2007) 663 final} Brussels, 6.11.2007 SEC(2007) 1432, Political criteria, Democracy and the rule of law, Anti-corruption policy, p. 11

[87] Ibid, p. 12

[88] Commission of the European Communities, 2004 Regular Report on Bulgaria’s Progress Towards Accession, {COM(2004) 657 final}, Brussels, 6.10.2004 SEC(2004) 1199 , Political criteria, Democracy and the rule of law, Anti-corruption measures, p.19

[89] Commission of the European Communities, 2004 Regular Report on Bulgaria’s Progress Towards Accession, {COM(2004) 657 final}, Brussels, 6.10.2004 SEC(2004) 1199 , Political criteria, General evaluation, p.27

[90] Commission of the European Communities, 2004 Regular Report on Bulgaria’s Progress Towards Accession, {COM(2004) 657 final}, Brussels, 6.10.2004 SEC(2004) 1199, The chapters of the acquis, Co-operation in the field of justice and home affairs, Progress since the last Regular Report, p.118

[91] Commission of the European Communities, 2004 Regular Report on Bulgaria’s Progress Towards Accession, {COM(2004) 657 final}, Brussels, 6.10.2004 SEC(2004) 1199, The chapters of the acquis, Co-operation in the field of justice and home affairs, Conclusion, p.123

[92] Commission of the European Communities, 2004 Regular Report on Bulgaria’s Progress Towards Accession, {COM(2004) 657 final}, Brussels, 6.10.2004 SEC(2004) 1199, Conclusion, p.140

[93] Ibid, p.143

[94] European Commission, Bulgaria 2005 Comprehensive Monitoring Report, {COM (2005) 534 final}, Brussels, 25 October 2005 SEC (2005) 1352, Political criteria, Implementation of recommendations for improvements, Anti-corruption measures, p.11

[95] Ibid, p.11

[96] European Commission, Bulgaria 2005 Comprehensive Monitoring Report, {COM (2005) 534 final}, Brussels, 25 October 2005 SEC (2005) 1352, Political criteria, General evaluation, p.16

[97] Ibid, p.16

[98] European Commission, Bulgaria 2005 Comprehensive Monitoring Report, {COM (2005) 534 final}, Brussels, 25 October 2005 SEC (2005) 1352, Chapters of the acquis, Cooperation in the field of justice and home affairs, p.68

[99] Ibid, p.68

[100] European Commission, Bulgaria 2005 Comprehensive Monitoring Report, {COM (2005) 534 final}, Brussels, 25 October 2005 SEC (2005) 1352, Chapters of the acquis, Cooperation in the field of justice and home affairs, Conclusion, p.69

[101] Ibid, p.69

[102] European Commission, Bulgaria 2005 Comprehensive Monitoring Report, {COM (2005) 534 final}, Brussels, 25 October 2005 SEC (2005) 1352, General evaluation, p.76 -77

[103] Commission of the European communities, Commission Staff Working Document Bulgaria, May 2006 Monitoring Report, { COM (2006) 214 final}, Brussels, 16/05/2006 SEC (2006) 595, Political criteria, Anti-corruption measures, p. 8

[104] Ibid, p. 8

[105] Commission of the European communities, Commission Staff Working Document Bulgaria, May 2006 Monitoring Report, { COM (2006) 214 final}, Brussels, 16/05/2006 SEC (2006) 595, Political criteria, General evaluation, p.12

[106] Commission of the European communities, Commission Staff Working Document Bulgaria, May 2006 Monitoring Report, { COM (2006) 214 final}, Brussels, 16/05/2006 SEC (2006) 595, Chapters of the acquis, Cooperation in the field of justice and home affairs, Conclusion, p.38

[107] Commission of the European communities, Commission Staff Working Document Bulgaria, May 2006 Monitoring Report, { COM (2006) 214 final}, Brussels, 16/05/2006 SEC (2006) 595, General evaluation, p.41

[108] Commission of the European Communities, Communication From the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006 COM(2006) 549 final, Summary of monitoring findings, Bulgaria, p.4

[109] Commission of the European Communities, Communication From the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006 COM(2006) 549 final, Safeguards and other measures, Accompanying measures foreseen for the accession of Bulgaria and Romania, Judiciary and the fight against corruption, p.9

[110] Commission of the European Communities, Communication From the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006 COM(2006) 549 final, Conclusion, 12-13

[111] Commission of the European Communities, Communication From the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006 COM(2006) 549 final, The issues highlighted in the conclusion of the may 2006 report which needed further action, Political criteria, Anti-corruption measures, p.16

[112] Commission of the European Communities, Communication From the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006 COM(2006) 549 final, The issues highlighted in the conclusion of the may 2006 report which needed further action, Political criteria, Anti-corruption measures, p.17

[113] Commission of the European Communities, Communication From the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006 COM(2006) 549 final, The issues highlighted in the conclusion of the may 2006 report which needed further action, Political criteria, Anti-corruption measures, p.17

[114] Commission of the European Communities, Communication From the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006 COM(2006) 549 final, The issues highlighted in the conclusion of the may 2006 report which needed further action, Acquis criteria, Fight against organised crime, fraud and corruption, p.17

[115] Commission of the European Communities, 2004 Regular Report on Romania’s progress towards accession, {COM(2004) 657 final}, Brussels, 6.10.2004, SEC(2004) 1200, Political criteria, Democracy and the rule of law, Anti-corruption measures, p.21

[116] Commission of the European Communities, 2004 Regular Report on Romania’s progress towards accession, {COM(2004) 657 final}, Brussels, 6.10.2004, SEC(2004) 1200, Political criteria, General evaluation, p.31

[117] Commission of the European Communities, 2004 Regular Report on Romania’s progress towards accession, {COM(2004) 657 final}, Brussels, 6.10.2004, SEC(2004) 1200, Conclusion, p.147

[118] European Commission, Romania 2005 Comprehensive Monitoring Report {COM (2005) 534 final}, Brussels, 25 October 2005 SEC (2005) 1354, Political criteria, Implementation of recommendations for improvements, Anti-corruption measures, p.13

[119] European Commission, Romania 2005 Comprehensive Monitoring Report {COM (2005) 534 final}, Brussels, 25 October 2005 SEC (2005) 1354, Political criteria, General evaluation, p.20

[120] Commission of the European Communities, Commission Staff Working Document, Romania May 2006 Monitoring Report, {COM (2006) 214 final}, Brussels, 16/05/2006 SEC (2006) 596, Political criteria, Anti-corruption measures, p.8

[121] Ibid, p.8

[122] Commission of the European Communities, Commission Staff Working Document, Romania May 2006 Monitoring Report, {COM (2006) 214 final}, Brussels, 16/05/2006 SEC (2006) 596, Political criteria, General evaluation, p.12

[123] Ibid, p.12

[124] Commission of the European Communities, Commission Staff Working Document, Romania May 2006 Monitoring Report, {COM (2006) 214 final}, Brussels, 16/05/2006 SEC (2006) 596, Chapters of the acquis, Cooperation in the field of justice and home affairs, p.35

[125] Commission of the European communities, Communication from the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006, COM(2006) 549 final, Romania, p.5

[126] Commission of the European communities, Communication from the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006, COM(2006) 549 final, Conclusion, p.12 – 13

[127] Commission of the European communities, Communication from the Commission, Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania, Brussels, 26.9.2006, COM(2006) 549 final, The issues highlighted in the conclusion of the may report which needed further action, Political criteria, Anti-corruption measures, p.34

[128] Ibid, p.35

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