Follow up to T9-0075/2024

Follow-up to the European Parliament non-legislative resolution on the situation in Serbia following the elections

Resolution tabled pursuant to Rule 132 (2) and (4) of the European Parliament's Rules of procedure

Reference number: 2024/2521(RSP) / B9-0106/2024 / P9_TA(2024)0075

Date of adoption of the resolution: 8 February 2024

Competent Parliamentary Committee: Committee on Foreign Affairs (AFET)

Brief analysis/ assessment of the resolution and requests made in it:

The resolution deals with the situation in Serbia following the December 2023 early parliamentary, partial local (including Belgrade city) and Vojvodina province elections. The international election observation mission led by the Organisation for Security and Cooperation in Europe – Office for Democratic Institutions and Human Rights (OSCE/ODIHR), including a six members delegation from the European Parliament concluded that, “though technically well-administered and offering voters a choice of political alternatives, were dominated by the decisive involvement of the President which together with the ruling party’s systemic advantages created unjust conditions.” A number of allegations of irregularities (e.g. pressure on public sector employees, misuse of public resources, vote buying, voters migration) and procedural deficiencies on election day were also reported and the campaign was marked by media bias and smear campaigns against the opposition. Pro-EU opposition have mobilised against the legitimacy of the elections, especially in Belgrade, and a series of protests took place in December and January. In between, the national Parliament held its first constitutive session, while new elections will be called for Belgrade due to lack of majority. On 28 February OSCE/ODIHR published the final election observation mission report, confirming its preliminary findings and making 25 recommendations to improve the electoral process.

Overall, the resolution reflects the European Parliament’s concern with regard to the conduct of December 2023 elections, the alleged irregularities and offences related to elections, the decline in democratic, rule of law and media freedom standards in Serbia as an EU candidate country, repressive measures against individuals participating in post-elections protests, attempts to discredit and intimidate the international and domestic observers and Civil Society Organisations (CSOs), Serbia’s poor track record in implementing previous OSCE/ODIHR priority recommendations, the repeated practice of snap elections that weaken the Parliament, authorities’ claims of EU Member States involvements in organising post-election protests and deep political polarisation in the country. The vote on the resolution, adopted by an overwhelming majority and with broad support from all political groups but for ID, was preceded by debates on the post-election situation in Serbia that were held in plenary on 17 January and in the AFET committee on 23 January.

The Parliament calls on the Commission to act or consider action on three paragraphs (5, 26, 27). These refer to sending an expert mission to assess the post election and rule of law situation in Serbia, addressing the allegations of voter fraud in Serbia. including through more vocal criticism, applying strict conditionality in the accession negotiations with Serbia, follow-up to the European Court of Auditors’ reports, audit of the funding provided to the Serbian government under the Instrument for Pre-Accession Assistance (IPA III) and other financial instruments and suspension of EU funding in cases of breaches of rule of law in connection with Serbia’s elections.

Response to requests and overview of action taken, or intended to be taken, by the Commission:

Rule of law and the proper functioning of Serbia’s democratic institutions are at the core of Serbia’s EU accession process. The European Commission closely follows all developments related to the latest elections in Serbia and democratic processes more broadly.

High Representative Josep Borrell and Commissioner for Neighbourhood and Enlargement Olivér Várhelyi issued a joint statement on 19 December 2023, concluding with concern that the electoral process in Serbia requires tangible improvement and further reform. They further underlined that the final OSCE/ODIHR report and recommendations for future elections should be implemented as soon as possible and well in advance of the next elections, and called for credible reports of irregularities (including allegations related to the local elections in Belgrade and other municipalities) to be followed up in a transparent manner by the competent national authorities. Finally, the joint statement called on the Serbian political leadership to ensure a constructive, inclusive dialogue across the political spectrum.

The Commission is following up on these matters and has held discussions with representatives of the Serbian authorities, opposition parties, CSOs, students and ODIHR to consider how to most effectively give concrete follow up to the joint statement. Public statements have been made on these matters, including in support of CSOs active in electoral matters and to support freedom of assembly for those protesting against the conduct of elections.

On specific requests contained in the resolution, the Commission’s position is the following:

On paragraph 12, the view of the Commission is that Serbian ownership of electoral reforms is of central importance, and that the majority and opposition in Serbia should in a constructive manner identify priority reforms (on the basis notably of priority recommendations identified by ODIHR and the Venice Commission) to be taken forward expeditiously, in a transparent and inclusive process, and well in advance of the next elections to rebuild public confidence in the electoral process. The Commission is in this light closely monitoring follow up by the authorities to the statement of 19 December as well as the situation on the ground. The past and the latest ODIHR final report on early Parliamentary Elections in Serbia of 28 February 2024, and the opinions of Council of Europe bodies are clear on measures Serbia needs to take in order to improve the situation. The Commission has engaged in a dialogue with Serbia on irregularities alleged to have taken place, and the follow up given, or not, to them. The Commission has offered support to Serbian institutions, political representatives and civil society to promote the implementation of the recommendations of ODIHR and the Council of Europe bodies. The issue has been discussed in the context of the Growth Plan and the participation of Serbia in the Rule of law reports exercise will offer a further opportunity for enhanced dialogue with Serbia on checks and balances.

On paragraph 26, the Commission has made repeated public statements about the need to follow-up on credible reports of irregularities in a transparent manner by the competent national authorities. The Commission has also made repeated public statements on the right to peaceful protest and limits of police actions in the context of the post-election protests and that pressure on CSOs working on electoral and /or rule of law issues that can hinder their work goes against the values of a democratic and pluralistic society and needs to stop.

On paragraph 27, the Commission will continue to closely monitor and assess Serbia’s progress in complying with the membership criteria, including in the area of rule of law and functioning of the democratic institutions. This assessment will be reflected in the next Commission’s Report on Serbia. The Commission welcomed the recent Court of Auditors’ report on rule of law and accepted most of its recommendations. The Commission is in the process of implementing them. The Commission applies and will continue to apply conditionality, as prescribed by the legal framework of the IPA III Regulation, on a case-by-case basis following a thorough analysis and due consideration of its impact. Furthermore, the disbursements of funds under the EUR 6 billion Reform and Growth Facility for the Western Balkans, as proposed by the Commission, comes under strong ex-ante conditionality and payments will be linked to the implementation of reform agendas. This will concern both reforms in the area of the fundamentals of the accession process and socioeconomic reforms. The Commission has been prioritising the reform of the electoral framework in its discussions with Serbia on the reform agendas planned under the Reform and Growth Facility for the Western Balkans.