COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Commission Opinion on Bosnia and Herzegovina’s application for membership of the European Union
Date: 2019-05-29
Institutions: Directorate-General for Neighbourhood and Enlargement Negotiations, European Commission
Subjects: Bosnia and Herzegovina, European Union membership, accession criteria

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 29.5.2019  COM(2019) 261 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Commission Opinion on Bosnia and Herzegovina’s application for membership of the European Union {SWD(2019) 222 final}  
 
 
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Commission Opinion on Bosnia and Herzegovina’s application for membership of the 
European Union 

A. 

INTRODUCTION 

a) Application for membership 

Bosnia and Herzegovina presented its application for membership of the European Union on 
15 February 2016. Subsequently, on 20 September 2016, the Council of the European Union 
invited  the  Commission  to  submit  its  opinion  on  this  application.  This  is  in  line  with  the 
procedure laid down in  Article 49 of the Treaty  on European Union, which states that  ‘Any 
European  State  which  respects  the  values  referred  to  in  Article  2  and  is  committed  to 
promoting them may apply to become a member of the Union. The European Parliament and 
national Parliaments shall be notified of this application. The applicant State shall address its 
application to the Council, which shall act unanimously after consulting the Commission and 
after receiving the consent of the European Parliament, which shall act by a majority of its 
component members. The conditions of eligibility agreed upon by the European Council shall 
be taken into account’.  

Article 2 of the Treaty on European Union states that ‘the Union is founded on the values of 
respect  for  human  dignity,  freedom,  democracy,  equality,  the  rule  of  law  and  respect  for 
human  rights,  including  the  rights  of  persons  belonging  to  minorities.  These  values  are 
common to the Member States in a society in which pluralism, non-discrimination, tolerance, 
justice, solidarity and equality between women and men prevail’.  

This is the legal framework within which the Commission submits this Opinion. 

The  European  Council  in  Feira  in  June  2000  acknowledged  that  Western  Balkan  countries 
participating  in  the  Stabilisation  and  Association  Process  are  ‘potential  candidates’  for  EU 
membership.  The  European  perspective  of  these  countries  was  confirmed  by  the  European 
Council  in  Thessaloniki  in  June  2003  which  endorsed  the  ‘Thessaloniki  Agenda  for  the 
Western Balkans’. This agenda remains the cornerstone of EU policy towards the region. 

The European Council in December 2006 renewed the EU’s commitment  ‘that the future of 
the Western Balkans lies in the European Union’ and reiterated that ‘each country's progress 
towards the European Union depends on its individual efforts to comply with the Copenhagen 
criteria  and  the  conditionality  of  the  Stabilisation  and  Association  Process.  A  country's  
satisfactory  track  record  in  implementing  its  obligations  under  a  Stabilisation  and 
Association Agreement (SAA), including trade-related provisions, is an essential element for 
the EU to consider any membership application’.  

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In the February 2018 Western Balkans strategy1, the Commission stated that ‘with sustained 
effort and engagement, Bosnia and Herzegovina could become a candidate for accession’. At 
the  EU-Western  Balkans  summit,  which  took  place  in  Sofia  in  May  2018,  EU  leaders 
reaffirmed  their  unequivocal  support  for  the  European  perspective  of  the  Western  Balkans, 
and the Western Balkan partners recommitted to this perspective as their firm strategic choice. 
The EU leaders agreed on the Sofia Declaration and the Sofia Priority Agenda2, outlining new 
measures for enhanced cooperation with the region in key areas such as security, rule of law 
and migration.  

In this Opinion, the Commission assesses Bosnia and Herzegovina’s application on the basis 
of the country’s capacity to meet the criteria set by the European Council in Copenhagen in 
1993, as well as  in  Madrid  in  1995,  notably  regarding the country’s administrative capacity 
and the conditions of the Stabilisation and Association Process. The Opinion also takes into 
account  Bosnia  and  Herzegovina’s  track  record  in  implementing  its  obligations  under  the 
Stabilisation and Association Agreement (SAA) which entered into force on 1 June 2015. 

In June 1993, in Copenhagen the European Council concluded that: 

‘Accession  will  take  place  as  soon  as  a  country  is  able  to  assume  the  obligations  of 
membership by satisfying the economic and political conditions required.  

Membership requires: 

–  that  the  candidate  country  has  achieved  stability  of  institutions  guaranteeing  democracy, 
the rule of law, human rights and respect for and protection of minorities; 

–  the  existence  of  a  functioning  market  economy,  as  well  as  the  capacity  to  cope  with 
competitive pressure and market forces within the Union; 

–  the  ability  to  take  on  the  obligations  of  membership  including  adherence  to  the  aims  of 
political, economic and monetary union’. 

In  December  1995,  in  Madrid,  the  European  Council  referred  to  the  need  ‘to  create  the 
conditions for the gradual, harmonious integration of [the applicant] countries, particularly 
through  the  development  of  the  market  economy,  the  adjustment  of  their  administrative 
structures and the creation of a stable economic and monetary environment’. 

In  December  2006,  the  European  Council  agreed  that  ‘the  enlargement  strategy  based  on 
consolidation,  conditionality  and  communication,  combined  with  the  EU's  capacity  to 
integrate new members, forms the basis for a renewed consensus on enlargement’. 

For the Western Balkans, the Council defined on 31 May 1999 the specific conditions under 
the  Stabilisation  and  Association  Process  (SAP).  These  include  cooperation  with  the 
International  Criminal  Tribunal  for  the  former  Yugoslavia  and  regional  cooperation.    These 
conditions are integrated as a fundamental element into the SAA. 

This  Opinion  has  been  prepared  following  a  methodology  similar  to  that  used  in  previous 
Commission  Opinions.  As  part  of  a  questionnaire  and  its  follow-up  questions,  Bosnia  and 
Herzegovina received a total of 3 897 questions covering all EU policies. It took the country 
14 months to answer the initial 3 242 questions and 8 months to reply to the 655 follow-up 

1 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52018DC0065 
2 https://www.consilium.europa.eu/media/34776/sofia-declaration_en.pdf 

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questions.  Despite  the  establishment  of  a  coordination  mechanism  on  EU  matters,  the 
authorities  could  not  agree  to  submit  answers  to  22  questions:  one  on  the  political  criteria, 
four on regional policy, and 17 on education policies.  

The  Commission  organised  a  large  number  of  expert  missions  to  Bosnia  and  Herzegovina 
with a special focus on the areas covered by the political criteria. The Commission also took 
into account the contributions received from consultations held with stakeholders such as civil 
society  organisations,  international  organisations  and  EU  Member  States.  This  approach 
allowed  the  Commission  to  assess  the  administrative  capacity  of  Bosnia  and  Herzegovina 
institutions and the way legislation is implemented. It also helped to better identify remaining 
challenges  and  priorities  for  future  action.  In  this  Opinion  and  its  accompanying  analytical 
report,  the  Commission  has  analysed  the  current  situation  and  has  provided  guidance  to 
address issues in the short term as well as in the longer term. 

The  detailed  analysis  on  which  this  Opinion  is  based  is  contained  in  the  Analytical  Report 
accompanying the Opinion on Bosnia and Herzegovina’s application for membership of the 
European Union.  The analytical report provides initial estimates of the impact of the future 
accession of Bosnia and Herzegovina in some key policy areas. The Commission will provide 
more  detailed  impact  assessments  for  these  policy  areas  at  later  stages  of  the  pre-accession 
process.  In  addition,  an  EU  accession  treaty  for  Bosnia  and  Herzegovina  would  involve 
technical adaptation of the EU institutions in light of the Treaty on European Union. 

b) Relations between the EU and Bosnia and Herzegovina 

Relations  between  the  EU  and  Bosnia  and  Herzegovina  have  developed  with  increased 
engagement  and  momentum  since  the  signature  of  the  General  Framework  Agreement  for 
Peace at Dayton/Paris in 1995.  

Bosnia and Herzegovina is  participating in  the Stabilisation and Association  Process  and its 
citizens benefit from visa-free travel to Schengen countries since 2010. The Stabilisation and 
Association  Agreement  is  in  force  since  2015.  In  2016,  the  country  applied  for  EU 
membership. 

The Stabilisation and Association Agreement between Bosnia and Herzegovina and the EU 
was signed on 16 June 2008 in Luxembourg along with an Interim Agreement, which as of 
1 July 2008 regulates trade and trade-related matters.  

In  December  2014,  the  Council  agreed  on  a  renewed  approach  to  Bosnia  and  Herzegovina, 
and invited the High Representative of the Union for Foreign Affairs and Security Policy/Vice 
President  and  the  Commissioner  for  Neighborhood  Policy  and  Enlargement  Negotiations  to 
engage with the political leaders to secure their irrevocable commitment to undertake reforms 
towards  EU  accession.  Following  the  agreement  upon  a  written  commitment  by  the 
Presidency  of  Bosnia  and  Herzegovina,  its  signature  by  the  leaders  of  the  14  parliamentary 
parties and its  endorsement by the Parliamentary Assembly, the Council agreed to the entry 
into force of the SAA, which started on 1 June 2015. With the entry into force of the SAA, 
Bosnia and Herzegovina opened a new chapter in its relations with the EU and confirmed its 
commitment to pursue EU accession. The SAA provides a framework of mutual commitments 
on  a  wide  range  of  political,  trade  and  economic  issues  as  well  as  the  legal  basis  for 
formalised policy dialogue. 

The  EU  provides  guidance  to  the  country  on  reform  priorities  on  the  EU  membership  path. 
Policy  dialogue  between  the  European  Commission  and  Bosnia  and  Herzegovina  has  been 

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taking place since 2009 under the Interim Agreement, and since 2015 under the SAA3. Policy 
dialogue  on  the  rule  of  law  has  taken  place  since  2011  in  the  context  of  the  ‘structured 
dialogue on justice’, and since 2016 in the framework of the SAA subcommittee on justice, 
freedom and security. A special group on public administration reform has also been meeting 
since 2017. 

Bosnia  and  Herzegovina  has  developed  appropriate  administrative  capacities  to  ensure  the 
implementation of the SAA provisions, in particular concerning the smooth operation of the 
Stabilisation and Association Council, Committee and sectoral sub-committees. The protocol 
adapting the SAA to take into account the accession of Croatia to the EU entered into force on 
1 October 2017, after being provisionally applied since 1 February 2017.  

However, to meet its legal obligations under the Agreement, Bosnia and Herzegovina needs to 
ensure  the  functioning  of  the  Stabilisation  and  Association  Parliamentary  Committee  and 
develop a national programme for the adoption of the EU acquis.  

The  parliamentary  dimension  of  the  SAA  is  not  properly  functioning.  The  Stabilisation  and 
Association Parliamentary Committee was established in November 2015 as part of the SAA 
bodies,  but  it  failed  to  adopt  its  rules  of  procedure  due  to  the  insistence  of  some  delegates 
from  Bosnia  and  Herzegovina  on  the  inclusion  of  ethnic  voting  provisions  not  in  line  with 
European standards. In spite of this, the European Parliament regularly discusses and adopts 
resolutions on the situation and developments in view of Bosnia and Herzegovina’s EU path.  

Bosnia and Herzegovina participates in an economic dialogue with the Commission and the 
EU  Member  States.  Every  year  the  country  submits  to  the  Commission  a  medium-term 
Economic Reform Programme (ERP) setting out  plans to  strengthen macro-fiscal  stability 
and tackle structural obstacles to growth. On the basis of the ERP, Bosnia and Herzegovina 
meets  every  year  with  the  Commission,  EU  Member  States  and  all  other  enlargement 
countries at the Economic and Financial Dialogue. This dialogue on economic governance is 
meant to prepare the country for its future participation in EU economic policy coordination, 
including the European Semester process.  

Between 2015 and 2018 Bosnia and Herzegovina embarked on an ambitious ‘reform agenda’ 
to bring back economic growth and jobs opportunities. While significant  challenges remain, 
the  reforms  undertaken  contributed  to  the  improvement  of  the  economic  indicators  and  the 
macroeconomic situation, including balanced public finances and steady economic growth. A 
new  set  of  socio-economic  reform  measures  needs  to  be  agreed  and  implemented  by  the 
governments at all levels in the country, in full alignment with the ERP and the jointly agreed 
policy guidance. 

Following  a  decision  of  the  Council,  citizens  of  Bosnia  and  Herzegovina  enjoy  visa-free 
travel  to  the  Schengen  area  as  of  November  2010.  This  decision  was  based  on  substantial 
progress  in  the  areas  of  justice,  freedom  and  security  and  fulfilment  of  the  174  specific 
conditions set out in the roadmap for visa liberalisation, such as the introduction of biometric 
passports.  The  Commission  monitors  and  reports  regularly  on  its  implementation.  The 

3  Policy  dialogue  between  the  European  Commission  and  Bosnia  and  Herzegovina  takes  place  within  the 
framework  of  sectoral  sub-committees  on:  trade,  industry,  customs  and  taxation;  agriculture  and  fisheries; 
internal  market  and  competition;  economic  and  financial  issues  and  statistics;  innovation,  information  society 
and social policy; transport, environment, energy and regional development; justice, freedom and security. 

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Commission  adopted  its  second  report  under  the  visa  suspension  mechanism  in  December 
20184. Overall, Bosnia and Herzegovina continues to fulfil all visa liberalisation benchmarks.  

Bosnia  and  Herzegovina  ratified  the  Energy  Community  Treaty  in  September  2006,  the 
European  Common  Aviation  Area  Agreement  in  July  2007  and  the  Transport  Community 
Treaty in April 2018.  

The  SAA  and  its  Interim  Agreement,  applied  since  2008,  have  allowed  progressive  trade 
liberalisation  and  mutual  duty-free  access  for  most  goods.  Since  2000  Bosnia  and 
Herzegovina  has  also  been  benefiting  from  the  ‘autonomous  trade  measures’.  Bosnia  and 
Herzegovina joined  the  Central  European  Free  Trade  Agreement  (CEFTA)  in  2007.  The 
negotiations for its accession to the World Trade Organisation are in the final stage. The EU is 
the  main  trading  partner  of  Bosnia  and  Herzegovina,  followed  by  CEFTA  countries.  Trade 
integration with the EU is high. In 2017, 61% of the country imports worth EUR 5.6 billion 
originated from  the  EU  (12%  from  CEFTA).  Of  the  country  exports,  71%  went  to  the  EU 
(15%  to  CEFTA).  The  country’s  trade  deficit  with  the  EU  amounted  to  EUR  1.7  billion  in 
2017. 

the 

the  Council  appointed 

The  EU  deploys  considerable  resources  in  Bosnia  and  Herzegovina  under  the  common 
foreign  and  security  policy  and  the  common  security  and  defence  policy.  From  2002  to 
2011 
international  High  Representative  as  EU  Special 
Representative  in  Bosnia  and  Herzegovina  (EUSR).  Since  2011  the  enhanced  presence 
ensured by the combined Office of the EU Special Representative in Bosnia and Herzegovina 
and  EU  Delegation  to  Bosnia  and  Herzegovina  is  instrumental  in  communicating  EU 
priorities to the citizens of the country and in implementing the objectives of the EU agenda 
in key areas. Since December 2004 the EU has deployed the European Union Force in Bosnia 
and  Herzegovina  (EUFOR)  Althea  military  operation  in  the  country,  provided  with  an 
executive  mandate  to  ensure  a  safe  and  secure  environment  in  the  country.    A  framework 
agreement  on  the  participation  of  Bosnia  and  Herzegovina  in  EU  crisis  management 
operations has been in place since September 2015. 

The EU provides significant financial assistance to Bosnia and Herzegovina, which over the 
years allowed the country to recover from wartime destruction and to re-establish itself as a 
catching-up  economy.  From  1996  to  2000  Bosnia  and  Herzegovina  benefited  from  EU 
financial  assistance  under  the  Phare  and  OBNOVA  programmes.  From  2000  to  2007  the 
CARDS regulation  foresaw financial support tailored to  SAP  priorities5. Since 2007  Bosnia 
and Herzegovina benefits from EU assistance mainly under the Instrument for pre-accession 
assistance  (IPA).  Over  the  2007-2018  period,  Bosnia  and  Herzegovina  received  EUR  1.5 
billion  from  the  EU,  of  which  an  estimated  EUR  433  million  from  regional  programmes. 
Since  2000  the  European  Investment  Bank  awarded  EUR  2.4  billion  in  loans  to  support 
projects  in  Bosnia  and  Herzegovina.  The  EU  Delegation  to  Bosnia  and  Herzegovina  is 
responsible  for  implementing  EU  financial  assistance  via  direct  management  as  well  as  for 
ensuring the coordination of assistance with EU Member States. Implementation of the IPA I 
and IPA II programmes is ongoing. The indicative strategy paper for Bosnia and Herzegovina 
2014-2017 was revised in 2018 to include several additional sectors and extend it until 20206. 

4 https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1558535963503&uri=CELEX:52018DC0856 
5  The  Phare,  OBNOVA  and  CARDS  programmes  were  financial  instruments  to  support  transition  towards 
democracy and market economy in Central-Eastern Europe and in the Western Balkans. 
6 https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20180817-revised-indicative-strategy-paper-
2014-2020-for-bosnia-and-herzegovina.pdf 

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Sector  strategies  are  in  place  for  environment,  energy,  transport  and  rural  development, 
enabling  IPA  support  in  those  sectors.  The  adoption  of  country-wide  strategies  such  as  on 
public financial management and on employment remains a key requirement for Bosnia and 
Herzegovina to benefit fully from IPA funding in 2018-2020.  

Bosnia  and  Herzegovina  has  progressively  extended  its  participation  in  EU  programmes, 
which  has  been  partly  co-financed  via  IPA  funds.  Bosnia  and  Herzegovina  currently  takes 
part  in  COSME,  Creative  Europe,  Customs  2020,  Europe  for  Citizens,  Erasmus+,  Fiscalis 
2020, Horizon 2020, and the Third Programme for the Union’s action in the field  of health. 
Bosnia and Herzegovina also takes part in the INTERREG programme. 

B. 

CRITERIA FOR MEMBERSHIP 

1. POLITICAL CRITERIA 

This  assessment  is  based  on  the  Copenhagen  criteria  relating  to  the  stability  of  institutions 
guaranteeing  democracy,  the  rule  of  law,  human  rights  and  respect  for  and  protection  of 
minorities, as well as on the conditions of the Stabilisation and Association Process. 

The war that ravaged Bosnia and Herzegovina from 1992 to 1995 left a trail of material and 
human  devastation,  from  which  the  country  had  to  recover.  The  country  has  since 
reconstructed its institutions and economic infrastructure, and prepared itself to undertake the 
path of EU accession. Bosnia and Herzegovina is committed to its objective of membership of 
the  European  Union,  as  reiterated  in  multiple  decisions  of  the  Presidency,  and  has 
increasingly focused its legislative efforts on adopting reforms in view of EU accession.  

As  established  by  its  Constitution,  which  is  an  integral  part  (Annex  IV)  of  the  1995 
Dayton/Paris General Framework Agreement for Peace (GFAP), Bosnia and Herzegovina is a 
parliamentary democracy in which the executive powers are exercised by the Presidency and 
the  Council  of  Ministers,  and  the  legislative  powers  by  the  Parliamentary  Assembly.  The 
Constitution guarantees the fundamental principles of a democratic state, including the rule of 
law, free elections and the protection of human rights.   

The  Constitution  sets  out  the  internal  structure  of  the  country  as  a  state  consisting  of  two 
entities,  the  Federation  of  Bosnia  and  Herzegovina  (itself  composed  of  10  cantons)  and 
Republika  Srpska,  as  well  as  the  Brčko  District.  The  Preamble  to  the  Constitution  lists 
‘Bosniacs,  Croats,  and  Serbs,  as  constituent  peoples  (along  with  Others),  and  citizens  of 
Bosnia  and  Herzegovina’  as  determining  the  Constitution.  The  country  faces  a  number  of 
structural issues stemming from its complex institutional set-up coupled with ethnicity-related 
procedures that adversely affect its functionality.  

State-level competences are enumerated in the Constitution, which attributes all other powers 
to  the  entities.  State-level  competences  also  include  powers  that  have  been  gradually 
attributed to or assumed by the State on the basis of transfer agreements, implied powers and 
annexes  to  the  peace  agreements,  as  provided  for  by  the  Constitution  and  confirmed  by  the 
Constitutional Court. Frequent disputes on the distribution of competences between the State 
and the entities affect their effective exercise and therefore the alignment of legislation with 
the acquis and its implementation in a large number of chapters. To prevent such systematic 
disputes and ensure effective implementation of the acquis, Bosnia and Herzegovina needs to 
ensure  legal  certainty  on  the  distribution  of  competences  among  the  levels  of  government. 
There is no procedure providing for the state level to prevent and remedy breaches of EU law 

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by other levels  of  government for which Bosnia and Herzegovina would be held  liable as a 
whole.  

The Constitution contains ethnic and residence-based provisions which are not in line with the 
European  Convention  on  Human  Rights.  These  concern  the  appointment,  composition  and 
decision-making procedures of the head of state and the executive and legislative bodies, as 
certain  electoral  rights  are  reserved  for  citizens  who  affiliate  to  the  ‘constituent  peoples’  – 
Bosniaks,  Croats  and  Serbs.  Significant  incremental  reforms  are  therefore  needed  to  ensure 
that all citizens can effectively exercise their political  rights,  in  compliance with  the Sejdić-
Finci case law of the European Court of Human Rights (ECtHR).  

The  composition  and  decision-making  of  several  administrative  bodies  are  based  on  ethnic 
criteria, which risks affecting the implementation of the EU acquis. Ethnic-based veto rights 
also could affect the work of the Parliament and of the entity legislative assemblies.  

The Constitutional Court is the interpreter of the Constitution and final authority on conflicts 
of competence between different levels of government. It includes three international judges 
out  of  nine.  Several  of  its  decisions  remain  not  enforced.  The  professionalism  and 
independence  of  Constitutional  Court  judges  needs  to  be  strengthened,  starting  with 
improving  their  eligibility  criteria  and  appointment  procedures.  The  issue  of  international 
judges in the Constitutional Court needs to be addressed. The Constitutional Court needs to be 
able  to  take  a  proactive  and  independent  role  to  address  conflicts  of  competence.  Its 
legitimacy  must  be  recognised  by  all  authorities,  to  ensure  sustained  compliance  with  its 
decisions. 

Annex  X  to  the  Dayton  Peace  Agreement  established  the  Office  of  the  international  High 
Representative (OHR) as the final authority on the interpretation of the civilian aspects of the 
implementation of the peace agreement. The OHR has since been granted extensive powers to 
decree  legislation  and  remove  public  officials  –  known  as  ‘Bonn  powers’  –  which  was  last 
used  in  2011.  Such  extensive  international  supervision  is  in  principle  incompatible  with  the 
sovereignty  of  Bosnia  and  Herzegovina  and  therefore  with  EU  membership.  A  process 
towards closing the OHR has been underway since 2008. Its outcome depends on a number of 
conditions.  

The Parliament and the other legislative assemblies adopt legislation and exercise democratic 
control and oversight of the executive. The right to stand for election to the House of Peoples 
is restricted on the basis of ethnicity and residence, which is in breach of European standards. 
‘Vital  national  interest’  vetoes  and  entity  voting  also  affect  the  effective  functioning  of 
parliaments,  risking  to  delay  the  adoption  of  legislation.  The  Office  for  Democratic 
Institutions and Human Rights (ODIHR) of the Organisation for Security and Cooperation in 
Europe (OSCE) and the Council of Europe’s European Commission for Democracy through 
Law  (Venice  Commission)  have  provided  recommendations  to  improve  the  electoral 
framework and ensure that elections are conducted in line with European standards, including 
on the transparency of political party financing. As for local elections, due to the lack of legal 
framework the citizens of Mostar have not been able to elect a municipal council since 2008.  

Legislative assemblies at state and entity level display a tendency to use urgent procedures to 
pass legislation related to acquis, adversely affecting the quality of the legislative alignment. 
Comprehensive  impact  assessments  of  proposed  legislation  are  often  not  ensured  and 
legislative oversight of the executives, including monitoring the implementation of legislation 
needs  to  be  stepped  up.  The  cooperation  among  legislative  assemblies  as  well  as  their 

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capacities  to  assess  the  legislation  against  the  EU  acquis  are  weak  and  should  also  be 
significantly enhanced, if necessary by pooling resources countrywide.  

Bosnia  and  Herzegovina  has  a  complex  system  of  executive  power,  which  is  broadly 
functioning.  The  complexity  of  its  institutions  leads  to  significant  issues  related  to 
coordination  and  harmonisation  of  the  country’s  policy  stances,  notably  with  respect  to  the 
alignment  with  and  implementation  of  legislation  stemming  from  the  EU  acquis.  With  14 
executives  across  the  country  exercising  competences  relevant  for  implementing  the  EU 
acquis, either considerable efforts and significant strengthening of the country’s capacities at 
all levels or some pooling of resources and capacities are needed for Bosnia and Herzegovina 
to  cope  with  the  obligations  of  EU  membership.  This  is  notably  the  case  at  cantonal  level 
where capacities to deliver on EU membership obligations are insufficient. The governments 
have  taken  some  steps  to  ensure  coordination  on  EU  integration  matters,  including  by 
establishing  a  coordination  mechanism  on  EU  matters,  which  is  yet  to  become  fully 
operational.  The  governments’  capacities  for  policy  planning  and  coordination  across  all 
levels of government are still insufficient.  

Strong efforts need to be made to ensure the alignment of the legislation with the principles of 
public administration reform (PAR) as well as its effective implementation. The authorities 
at  all  levels  need  to  ensure  political  support  to  the  coordination  structure  for  public 
administration  reform,  and  to  allocate  adequate  financial  resources  to  promote  public 
administration reform. To ensure a professional civil service, the legislation should be brought 
in  line  with  merit  principles  on  recruitment,  promotion  and  dismissal;  its  practical 
implementation  should  be  free  from  political  interference.  The  regulatory  framework  and 
methodology  on  central  and  sectoral  policy  development,  monitoring  and  budgeting  at  all 
levels  are  not  harmonised;  this  is  required  to  ensure  an  effective  country-wide  approach  to 
policy making. The legislation and procedures are not harmonised and the e-signature systems 
throughout  the  country  are  not  yet  inter-operable;  this  is  required  for  an  effective  service 
delivery. 

Important reforms have taken place over time in the area of the  judiciary, notably with the 
establishment of the Court of Bosnia and Herzegovina and of a single self-regulatory body of 
the judiciary, the High Judicial and Prosecutorial Council (HJPC). The judiciary is organised 
into  four  systems,  each  of  them  having  its  own  jurisdiction  and  internal  institutional 
structures.  The  constitutional  and  legislative  framework  is  incomplete  and  does  not 
sufficiently  guarantee  the  independence,  autonomy,  accountability  and  efficiency  of  the 
judiciary.  In  order  to  strengthen  the  guarantees  of  judicial  independence  and  prosecutorial 
autonomy,  including  from  all  forms  of  politicisation  and  pressures,  the  HJPC  and  the  state-
level court system should be provided with an explicit constitutional status.  

The  Law  on  the  HJPC  should  be  revised  to  better  regulate  the  appointment,  appraisal  and 
disciplinary procedures  of members of the judiciary, and provide appropriate legal remedies 
against final decisions of the HJPC. A Law on the Courts of Bosnia and Herzegovina should 
be  adopted  to  prevent  conflicts  of  jurisdiction  and  ensure  the  required  legal  certainty  in 
criminal matters. 

Bosnia and Herzegovina has no state-level supreme court. The consistency of case-law across 
the  legal  orders  in  the  country  is  promoted  by  voluntary  harmonisation  panels  among  the 
highest  judicial  instances.  Ultimately,  Bosnia  and  Herzegovina  needs  to  establish  a  judicial 
body  to  ensure  the  consistent  interpretation  of  the  law  and  the  harmonisation  of  case-law, 
while fully ensuring the principle of independence of all judges. 

8 

 
 
The fight against corruption and organised crime is hampered by a lack of harmonisation 
of  legislation  across  the  country  and  by  weak  institutional  cooperation  and  coordination. 
Corruption is widespread and all levels of government show signs of political capture directly 
affecting  the  daily  life  of  citizens,  notably  in  health,  education,  employment  and  public 
procurement  matters.  The  policy,  institutional  and  legal  framework  to  prevent  corruption  is 
fragmented  and  has  significant  gaps.  Law-enforcement  agencies  are  fragmented  and 
vulnerable 
sufficiently 
proactive.   Financial  investigations  and  asset  seizures  are  largely  ineffective.  Fight  against 
money laundering needs to be stepped up. Final convictions in high-level corruption cases are 
very  rare  and  sanctions  are  not  deterrent  enough.   Prevention  of  violent  extremism  and 
counterterrorism  policies  and  measures  need  to  be  strenghtened.  The  coordination  of 
migration-related  measures  among  competent  institutions  across  all  levels  of  government  is 
poor.  Persons  looking  for  international  protection  cannot  effectively  access  asylum 
procedures. 

interference.  Prosecutors 

political 

undue 

not 

are 

to 

Bosnia and Herzegovina needs in particular to adopt and implement legislation on conflict of 
interests and whistle-blowers’ protection, ensure the effective functioning and coordination of 
anti-corruption bodies, align the legislation and strengthen capacities on public procurement, 
ensure  effective  cooperation  among  law  enforcement  bodies  and  with  prosecutor’s  offices, 
demonstrate  progress  towards  establishing  a  track  record  of  proactive  investigations, 
confirmed  indictments,  prosecutions  and  final  convictions  against  organised  crime  and 
corruption,  including  at  high-level,  and  de-politicise  and  restructure  public  enterprises  and 
ensure transparency of privatisation processes. 

The  legislation  and  institutions  on  fundamental  rights  are  largely  in  place;  they  should  be 
fully  implemented  and  substantially  improved,  including  by  harmonising  legislation  within 
the  country  and  aligning  it  with  European  standards,  strengthening  administrative  capacity 
and providing adequate resources for the effective enforcement of fundamental rights. There 
are no countrywide strategies on human rights and on antidiscrimination. The equality of all 
citizens is  not  ensured.  The laws on non-discrimination and on  gender  equality  are in  place 
but  not  sufficiently  enforced,  including  on  gender-based  violence.  The  Constitution  of  the 
Republika  Srpska  entity  includes  a  provision  on  death  penalty,  in  breach  of  European 
standards, and the country has not designated a national preventive mechanism against torture 
and  ill-treatment.  Violence,  threats  and  political  pressure  against  journalists  are  a  cause  for 
concern;  the  protection  of  journalists  and  the  investigative  and  judicial  follow-up  to  threats 
and attacks against them are inadequate. Public broadcasters are subject to political influence; 
their financial sustainability is precarious. An enabling environment for civil society is not yet 
fully  in  place,  including  on  freedom  of  assembly  and  association.  The  authorities  have  to 
develop regular cooperation and consultations with civil society organisations. The protection 
and  inclusion  of  vulnerable  groups  is  not  yet  adequate,  in  particular  for  persons  with 
disabilities, children, LGBTI people,7 members of the Roma community, detainees, migrants 
and asylum seekers. Inclusive and quality education for all is also necessary to overcome the 
practice of ‘two schools under one roof’ and to implement the related court rulings. 

The  political  environment  is  not  yet  conducive  to  reconciliation  and  to  overcoming  the 
legacies  of  the  past.  Established  facts  about  the  wartime  events  are  frequently  contested  by 
high-level  political  leaders,  who  cast  doubts  on  the  independence  and  impartiality  of 
international  tribunals.  All  actors  in  Bosnia  and  Herzegovina  need  to  demonstrate  full 

7 Lesbian, gay, bisexual, transsexual, intersex people 

9 

 
 
                                                 
cooperation with the international tribunals by acknowledging and respecting their decisions. 
Revisionism and genocide denial contradict the most fundamental European values.  

War crime processing is still subject to a backlog of cases, and a revised national war crime 
strategy  needs  to  be  adopted.  Bosnia  and  Herzegovina  needs  to  substantially  improve  the 
system of redress for civilian victims of war. Around 8 000 persons are still missing, and the 
country  needs  to  assume  full  responsibility  to  ascertain  their  fate.  Bosnia  and  Herzegovina 
must provide durable accommodation solutions and integration measures for the around 100 
000 refugees and internally displaced persons from the conflict in the 1990s, to complete the 
process of return and allow the closure of Annex VII of the Dayton Peace Agreement. Bosnia 
and  Herzegovina  takes  part  in  the  Regional  Housing  Programme  with  the  aim  to  provide 
durable housing solutions to around 74 000 refugees and displaced persons. 

Bosnia and Herzegovina broadly  complies with  the  Stabilisation and Association Process, 
notably by being active on regional cooperation initiatives and generally striving to maintain 
good  neighbourly  relations.  Bilateral  relations  with  other  enlargement  countries  are  good 
overall. At the same time, Bosnia and Herzegovina does not recognise Kosovo* and maintains 
a strict visa regime, issuing only individual short-term visas to citizens of Kosovo who have 
an  invitation  from  a  foreign  diplomatic  mission  or  international  organisation  accredited  in 
Bosnia  and Herzegovina, or  for humanitarian  reasons.  An amendment to  normalise the visa 
procedure for all citizens of Kosovo is pending. In addition, the country maintains a bilateral 
immunity  agreement  with  the  United  States  of  America,  granting  exemption  to  US  citizens 
from the jurisdiction of the International Criminal Court. In doing so, Bosnia and Herzegovina 
does not comply with the EU common positions on the integrity of the Rome Statute and with 
the related EU guiding principle on bilateral immunity agreements. The country needs to align 
with the EU position. 

2. ECONOMIC CRITERIA 

This assessment is made on the basis of the Copenhagen criteria related to the existence of a 
functioning market economy, as well as the capacity to cope with competitive pressure and 
market  forces  within  the  Union.  Bosnia  and  Herzegovina  is  still  at  an  early  stage  of 
establishing a functioning market economy and of becoming competitive within the common 
market.  

Economic governance is impeded by a high degree of politicisation and a lack of cooperation 
among key stakeholders. This leads to frequent political stalemates and lengthy delays in the 
decision-making process. In this regard, the high-level coordination role of the Fiscal Council 
should  be  strengthened.  Furthermore,  economic  governance  is  prioritising  maintaining  the 
status  quo,  which  further  slows  down  the  formulation  and  implementation  of  overdue 
structural  reforms.  As  a  result,  the  role  of  the  state  is  still  disproportionate,  absorbing 
substantial  resources  to  fund  generous  public  sector  employment,  inefficient  public 
enterprises and an inefficient social security system. The frequent political stalemates and the 
resulting low predictability for investors have a negative bearing on the business environment. 
This  is  further hampered by a poor rule of law, substantial  red tape,  corruption and lengthy 
and complex administrative procedures, partly a result of the high degree of fragmentation of 
the country’s internal market. As a result of poor business environment and of weaknesses in 

* This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ 
Opinion on the Kosovo declaration of independence. 

10 

 
 
                                                 
the  country’s  education  system,  structural  unemployment  is  worryingly  high,  in  particular 
among  young  people  and  vulnerable  groups.  Furthermore,  the  informal  economy  remains 
significant,  creating  unfair  competition  and  leading  to  a  higher  tax  burden  than  otherwise 
necessary.  

The  quality  of  education  is  inadequate.  Spending  on  research  and  development  is  low.  The 
quality of the country’s physical capital suffers from chronic underinvestment and inefficient 
implementation.  The infrastructure for transport  and energy  is  insufficiently developed.  The 
speed  of  structural  adjustment  is  slow,  partly  reflecting  the  difficulties  and  complexities  of 
establishing and maintaining new enterprises in a highly fragmented and politicised economy, 
in spite of some recent diversification in the country’s regional trade structure. 

The  ‘reform  agenda’  of  socio-economic  measures,  public  administration  and  rule  of  law 
reforms that Bosnia and Herzegovina implemented as of 2015 allowed among other things to 
create  a  more  flexible  labour  market  and  to  better  align  financial  sector  regulations  to 
international  standards.  Due  to  stronger  economic  growth  and  tax  collection  efficiency,  the 
country’s  public  finances  are  largely  balanced,  which  would  offer  a  great  opportunity  to 
invest  in  the  country’s  long  neglected  infrastructure,  or  to  start  lowering  the  high  labour 
taxation  in  support  of  new  jobs.  Since  2015  the  economy  has  been  growing  by  3%,  which 
with a supportive economic policy could reach 4% over the next few years. Nevertheless, the 
country’s  economic  growth  remains  below  potential  and  the  impact  of  macroeconomic 
improvements have yet to be felt by the majority of the population. The emigration of youth 
and working-age population is among the most pressing challenges. 

The policy guidance jointly agreed within the Economic Reform Programme process aims to 
strengthen macro-fiscal stability and tackle structural obstacles to growth. However, largely as 
a result of insufficient cooperation among key ministries and bodies at various levels within 
the country, the quality of the programme developed by Bosnia and Herzegovina is low and 
there is very limited implementation of the jointly adopted policy guidance, which is a central 
part of the process. Following the expiration of the 2015-2018 ‘reform agenda’, a new set of 
socio-economic reforms needs to be agreed and implemented by the governments at all levels 
in the country, in full alignment with the policy guidance set out in the joint conclusions of 
the economic  and financial dialogue based on Bosnia and Herzegovina’s Economic Reform 
Programme. 

3. ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP 

The  ability  of  Bosnia  and  Herzegovina  to  assume  the  obligations  of  membership  has  been 
evaluated on the basis of the following indicators:  

- the obligations set out in the Stabilisation and Association Agreement;  

- the level of progress with adoption, implementation and enforcement of the EU acquis.  

Overall, Bosnia and Herzegovina has built an initial track record of its obligations under the 
Stabilisation  and  Association  Agreement.    At  the  same  time,  the  country  has  not  fulfilled  a 
number of obligations under the Agreement and needs to address them as a matter of priority. 
This  includes  the  proper  functioning  of  the  Stabilisation  and  Association  Parliamentary 
Committee.    

Bosnia  and  Herzegovina  does  not  have  a  national  programme  for  the  adoption  of  the  EU 
acquis. The programme is a legal obligation under the SAA and is essential for planning and 
streamlining  the  EU  legal  approximation  process  throughout  the  country.  Administrative 

11 

 
 
capacity  is  weak  and  lacks  effective  coordination  structures  to  manage  the  country’s  14 
governments.  As  a  consequence,  Bosnia  and  Herzegovina  faces  significant  challenges  in 
implementing  and  enforcing  legislation  stemming  from  its  EU  integration  objectives. 
Considerable  and  sustained  efforts  are  needed  for  the  country  to  be  able  to  assume  the 
obligations of EU membership. 

Some  administrative  bodies  entrusted  with  implementing  the  EU  acquis,  such  as  the 
Competition  Council  and  the  State  Aid  Council,  function  on  the  basis  of  ethnic  decision-
making procedures, in which at least one representative from each constituent people needs to 
support  a  decision  for  it  to  be  valid.  This  is  neither  compatible  with  the  SAA  nor  with  the 
obligations resulting from EU membership. 

Particular  attention  and  significant  efforts  is  needed  in  the  areas  where  Bosnia  and 
Herzegovina is at an early stage of preparations:  

-  Free movement of goods 
-  Right of establishment and freedom to provide services  
- 
Information society and media 
-  Agriculture and rural development 
-  Fisheries 
-  Transport policy 
-  Energy 
-  Economic and monetary policy 
-  Statistics 
-  Social policy and employment 
-  Enterprise and industrial policy 
-  Regional policy and coordination of structural instruments 
-  Education and culture 
-  Consumer and health protection 
-  Financial control 

Significant efforts are also needed in the areas where Bosnia and Herzegovina has some level 
of preparation: 

-  Freedom of movement for workers 
-  Public procurement 
-  Company law 
-  Competition policy 
-  Financial services 
-  Food safety, veterinary and phytosanitary policy 
-  Taxation 
-  Trans-European networks 
- 
- 
-  Science and research 
-  Environment and climate change 
-  Customs Union 
-  External relations 
-  Foreign, security and defence policy 
-  Financial and budgetary provisions 

Judiciary and fundamental rights 
Justice, freedom and security 

12 

 
 
Bosnia and Herzegovina should continue efforts in the areas where the country is moderately 
prepared:  

-  Free movement of capital 
- 
Intellectual property law 

Bosnia and Herzegovina does not have any policy areas where the country has a good level of 
preparation  or  is  well  advanced  regarding  its  capacity  to  undertake  the  obligations 
stemming from EU membership.  

Overall,  considerable  adjustments  of  the  legal  and  institutional  framework  and  of 
administrative  and  implementation  capacity  are  needed  across  all  policy  areas  to  align  the 
legislation with the EU acquis and to implement it effectively.  

C. 

CONCLUSION AND RECOMMENDATION 

Bosnia and Herzegovina does not  yet sufficiently fulfil the criteria related to the stability of 
institutions  guaranteeing  democracy,  the  rule  of  law,  human  rights  and  respect  for  and 
protection of minorities, set by the Copenhagen European Council in 1993. In this respect, the 
country  needs  to  dedicate  considerable  efforts  to  sufficiently  fulfil  such  criteria  by 
strengthening its institutions in order to  guarantee democracy, the rule of law, human rights 
and respect for and protection of minorities. Bosnia and Herzegovina needs to bring in line its 
constitutional  framework  with  European  standards  and  ensure  the  functionality  of  its 
institutions  to  be  able  to  take  over  EU  obligations.  While  a  decentralised  state  structure  is 
compatible with EU membership, Bosnia and Herzegovina will need to reform its institutions 
to be able to effectively participate in EU decision-making and to fully implement and enforce 
the acquis.  

Bosnia and Herzegovina needs to improve its electoral framework and the functioning of the 
judiciary. It should also strengthen the prevention and fight against corruption and organised 
crime, including money-laundering and terrorism, as well as  ensure effective functioning of 
border  management,  migration  and  asylum  systems.  It  needs  to  step  up  the  protection  of 
fundamental  rights  of  all  citizens,  including  by  ensuring  an  enabling  environment  for  civil 
society and reconciliation and the protection and inclusion of vulnerable groups. It also needs 
to complete essential steps in public administration reform. 

As  regards  the  economic  criteria,  Bosnia  and  Herzegovina  has  achieved  a  certain  degree  of 
macroeconomic  stability.  However,  to  move  towards  becoming  a  functioning  market 
economy,  which  is  a  criteria  set  by  the  1993  Copenhagen  European  Council,  Bosnia  and 
Herzegovina needs to pay special attention to speeding up its decision-making procedures and 
improving the business environment as well as the efficiency and transparency of the public 
sector, in particular  of public enterprises. The country should address the impediments to the 
proper  functioning  of  market  mechanisms,  such  as  a  weak  rule  of  law,  substantial  red  tape, 
corruption,  lengthy  and  overly  complex  administrative  procedures  and  a  high  fragmentation 
of  the  country’s  internal  market  .  In  order  to  enable  it  to  cope  over  the  medium  term  with 
competitive pressure and market  forces within the Union, Bosnia and Herzegovina needs to 
pay  special  attention  to  the  low  quality  of  education  and  its  insufficient  orientation  towards 
labour market needs, the quality of the physical capital, such as the insufficient development 
of  transport  and  energy  infrastructure  and  the  slow  adjustment  of  the  country’s  economic 
structure.  

13 

 
 
Bosnia and Herzegovina’s track record in implementing its obligations under the Stabilisation 
and Association Agreement needs to be improved, notably regarding the establishment of the 
parliamentary dimension of the Agreement and by adopting a national plan for the adoption of 
the EU acquis.  

Bosnia and Herzegovina is overall at an early stage regarding its level of preparedness to take 
on the obligations of EU membership and needs to significantly step up the process to align 
with the EU acquis and implement and enforce related legislation. Particular attention should 
be paid to the areas of free movement of goods, right of establishment and freedom to provide 
services,  information  society  and  media,  agriculture  and  rural  development,  fisheries, 
transport  policy,  energy,  economic  and  monetary  policy,  statistics,  social  policy  and 
employment,  enterprise  and  industrial  policy,  regional  policy  and  coordination  of  structural 
instruments, education and culture, consumer and health protection, and financial control.  

Bosnia and Herzegovina’s accession would have a limited overall impact on European Union 
policies  and  would  not  affect  the  Union's  capacity  to  maintain  and  deepen  its  own 
development.  At  the  same  time,  identified  functionality  issues  within  Bosnia  and 
Herzegovina,  notably  related  to  the  internal  decision-making  process  as  well  as  uncertainty 
and  overlaps  between  the  country’s  various  levels  of  government  over  a  number  of 
competences could negatively affect the decision-making process at EU level, particularly for 
matters  requiring  unanimity  amongst  EU  Member  States.  Bosnia  and  Herzegovina  should 
therefore  engage  in  a  process  to  address  functionality  issues  in  order  to  comply  with  EU 
membership requirements and take on its related obligations.  

The Commission considers that negotiations for accession to the European Union should be 
opened with Bosnia and Herzegovina once the country has achieved the necessary degree of 
compliance  with  the  membership  criteria  and  in  particular  the  Copenhagen  political  criteria 
requiring  the  stability  of  institutions  guaranteeing  notably  democracy  and  the  rule  of  law. 
Bosnia and  Herzegovina will need to  fundamentally improve its legislative and institutional 
framework to ensure it meets the following key priorities: 

Democracy / Functionality 

1.  Ensure that elections are conducted in line with European standards by implementing 
OSCE/ODIHR  and  relevant  Venice  Commission  recommendations,  ensuring 
transparency of political party financing, and holding municipal elections in Mostar. 
2.  Ensure a track record in the functioning at all levels of the coordination mechanism on 
EU  matters  including  by  developing  and  adopting  a  national  programme  for  the 
adoption of the EU acquis. 

3.  Ensure  the  proper  functioning  of  the  Stabilisation  and  Association  Parliamentary 

Committee. 

4.  Fundamentally improve the institutional framework, including at constitutional level, 

in order to: 
a)  Ensure  legal  certainty  on  the  distribution  of  competences  across  levels  of 

government; 

b)  Introduce  a  substitution  clause  to  allow  the  State  upon  accession  to  temporarily 
exercise  competences  of  other  levels  of  government  to  prevent  and  remedy 
breaches of EU law; 

c)  Guarantee  the  independence  of  the  judiciary,  including  its  self-governance 

institution (HJPC); 

14 

 
 
d)  Reform  the  Constitutional  Court,  including  addressing  the  issue  of  international 

judges, and ensure enforcement of its decisions; 

e)  Guarantee legal certainty, including by establishing a judicial body entrusted with 
ensuring  the  consistent  interpretation  of  the  law  throughout  Bosnia  and 
Herzegovina; 

f)  Ensure  equality  and  non-discrimination  of  citizens,  notably  by  addressing  the 

Sejdić-Finci ECtHR case law; 

g)  Ensure  that  all  administrative  bodies  entrusted  with  implementing  the  acquis  are 
based  only  upon  professionalism  and  eliminate  veto  rights  in  their  decision-
making, in compliance with the acquis.  

5.  Take concrete steps to promote an environment conducive to reconciliation in order to 

overcome the legacies of the war. 

Rule of Law 

6.  Improve  the  functioning  of  the  judiciary  by  adopting  new  legislation  on  the  High 
Judicial  and  Prosecutorial  Council  and  of  the  Courts  of  Bosnia  and  Herzegovina  in 
line with European standards. 

7.  Strengthen the prevention and fight against corruption and organised crime, including 

money laundering and terrorism, notably by: 
a)  adopting and implementing legislation on conflict of interest and whistle-blowers’ 

protection; 

b)  ensuring the effective functioning and coordination of anti-corruption bodies;  
c)  align the legislation and strengthen capacities on public procurement;  
d)  ensuring  effective  cooperation  among 

law  enforcement  bodies  and  with 

prosecutors’ offices; 
e)  demonstrating  progress 

track  record  of  proactive 
investigations,  confirmed  indictments,  prosecutions  and  final  convictions  against 
organised crime and corruption, including at high-level; 

towards  establishing  a 

f)  de-politicising  and  restructuring  public  enterprises  and  ensuring  transparency  of 

privatisation processes. 

8.  Ensuring  effective  coordination,  at  all  levels,  of  border  management  and  migration 

management capacity, as well as ensuring the functioning of the asylum system. 

Fundamental Rights 

9.  Strengthen  the  protection  of  the  rights  of  all  citizens,  notably  by  ensuring  the 

implementation of the legislation on non-discrimination and on gender equality. 

10. Ensure  the  right  to  life  and  prohibition  of  torture,  notably  by  (a)  abolishing  the 
reference to  death  penalty  in  the Constitution of the  Republika Srpska entity  and (b) 
designate a national preventive mechanism against torture and ill-treatment. 

11. Ensure  an  enabling  environment  for  civil  society,  notably  by  upholding  European 

standards on freedom of association and freedom of assembly. 

12. Guarantee  freedom  of  expression  and  of  the  media  and  the  protection  of  journalists, 
notably  by  (a)  ensuring  the  appropriate  judicial  follow-up  to  cases  of  threats  and 

15 

 
 
 
 
violence  against  journalists  and  media  workers,  and  (b)  ensuring  the  financial 
sustainability of the public broadcasting system. 

13. Improve the protection and inclusion of vulnerable groups, in particular persons with 
disabilities,  children,  LGBTI  persons,  members  of  the  Roma  community,  detainees, 
migrants  and  asylum  seekers,  as  well  as  displaced  persons  and  refugees  in  line  with 
the objective of closure of Annex VII of the Dayton Peace Agreement. 

Public Administration Reform 

14. Complete  essential  steps  in  public  administration  reform  towards  improving  the 
overall  functioning  of  the  public  administration  by  ensuring  a  professional  and  de-
politicised civil service and a coordinated countrywide approach to policy making.  

The Commission  encourages  Bosnia  and  Herzegovina, at  all levels  of  government,  to  agree 
and implement socio-economic reform measures, in line with the ERP policy guidance.  

The Commission also  encourages  Bosnia and Herzegovina to  continue engaging in  regional 
cooperation  and  strengthening  bilateral  relations  with  neighbouring  countries,  including  by 
concluding  border  agreements  and  striving  towards  lasting  reconciliation  in  the  Western 
Balkans.  

The Commission recommends to the Council to discuss this Opinion and the follow-up to the 
key priorities above after the formation of governments in Bosnia and Herzegovina. 

The  Commission  will  monitor  Bosnia  and  Herzegovina’s  progress  within  the  institutional 
framework  of  the  Stabilisation  and  Association  Agreement  and  will  continue  financially 
supporting the country under the Instrument for Pre-accession Assistance.  

The  Commission  will  present  a  report  on  Bosnia  and  Herzegovina  as  part  of  the  2020 
Enlargement package that will review the implementation of the key priorities above in view 
of the country’s next steps on its EU path. 

16