10.04.2024
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Candidate Status and the Fight Against Organized Crime

Social Insights Blog

Candidate Status and the Fight Against Organized Crime

Bosnia and Herzegovina's (BiH) attainment of EU candidate status marks a significant milestone in its long and challenging journey toward European integration. This development, while a beacon of hope for the country’s future, also comes with heightened expectations and a more stringent set of obligations. Among the most pressing challenges BiH faces is the pervasive issue of organized crime and corruption, which has long plagued the country's socio-economic and political landscape. As BiH navigates this new chapter as an EU candidate, the fight against organized crime stands as a critical test of its commitment to European values and standards.

The Scope of the Challenge

Organized crime in BiH is a multifaceted problem deeply rooted in the country's history, political structure, and socio-economic conditions. The disintegration of Yugoslavia and the ensuing war left BiH with weakened state institutions, porous borders, and an economy in shambles—ideal conditions for the flourishing of organized crime. Criminal networks, often with deep connections to political elites, have since become entrenched, engaging in activities ranging from drug trafficking, human trafficking, and arms smuggling to money laundering and corruption.

Corruption, particularly within state institutions, exacerbates the problem. It undermines the rule of law, erodes public trust in government, and hinders economic development. According to Transparency International's Corruption Perceptions Index, BiH consistently ranks among the most corrupt countries in Europe. This endemic corruption creates an environment where organized crime can operate with relative impunity, further destabilizing the country.

EU Candidate Status: A Catalyst for Change?

The EU has long identified the fight against organized crime and corruption as key criteria for accession. For BiH, achieving candidate status signals a recognition of progress but also a reminder of the significant work that lies ahead. 

1. Strengthening the Rule of Law

One of the most immediate implications of EU candidate status for BiH is the need to strengthen the rule of law. The EU's emphasis on judicial reform and the independence of the judiciary is crucial in this regard. A transparent, efficient, and independent judiciary is the cornerstone of any effective anti-crime strategy. For years, BiH's judiciary has been criticized for its susceptibility to political influence and its inefficiency in handling complex organized crime cases. The EU's support for judicial reforms, including technical assistance and capacity-building programs, aims to address these shortcomings.

As a candidate country, BiH is expected to align its legal framework with EU standards, particularly in areas related to criminal justice. This includes adopting and implementing legislation that strengthens the prosecution of organized crime, enhances cross-border cooperation with other EU member states, and ensures the protection of whistleblowers and witnesses. Additionally, the EU will likely push for greater accountability within the judiciary, including measures to combat judicial corruption and improve the transparency of judicial appointments and proceedings.

2. Enhancing Law Enforcement Capabilities

BiH's law enforcement agencies have made some progress in recent years, but they still face significant challenges in tackling organized crime. Fragmentation, lack of resources, and insufficient coordination between various agencies have hampered their effectiveness. As part of the EU accession process, BiH will need to undertake comprehensive reforms to enhance the capacity and coordination of its law enforcement bodies.

The EU has already played a role in supporting BiH's law enforcement through various initiatives, such as the Instrument for Pre-Accession Assistance (IPA) and the EU's mission in BiH, known as EUFOR Althea. These programs have provided training, equipment, and technical support to BiH's police forces. However, candidate status brings with it an expectation of more significant reforms, particularly in areas such as intelligence-sharing, financial crime investigation, and cross-border operations.

The EU’s focus on enhancing regional cooperation is also critical. Organized crime in the Western Balkans is often transnational, with criminal networks operating across borders. BiH's ability to collaborate effectively with neighboring countries and EU member states in joint operations, intelligence-sharing, and extradition will be a key factor in its success in combating organized crime. The EU will likely encourage BiH to participate more actively in regional initiatives such as the Southeast European Law Enforcement Center (SELEC) and Europol.

3. Combating Corruption: A Prerequisite for Success

Corruption is both a cause and a consequence of organized crime, and tackling it is essential for any meaningful progress in the fight against criminal networks. The EU has made it clear that reducing corruption is a top priority for BiH’s accession process. This requires a multifaceted approach that includes legislative reforms, institutional strengthening, and a cultural shift towards greater transparency and accountability.

One of the EU's key demands will likely be the establishment of more robust anti-corruption bodies with the power and independence to investigate and prosecute high-level corruption cases. The current system in BiH, characterized by fragmented and often politicized anti-corruption agencies, has proven inadequate in addressing the scale of the problem. The EU will also push for the adoption of stricter asset declaration rules for public officials, the implementation of public procurement reforms, and greater transparency in political party financing.

Civil society and the media will play a crucial role in this process. The EU has consistently emphasized the importance of a vibrant civil society and a free press in holding government officials accountable and exposing corruption. As BiH moves forward in its EU integration journey, the protection and empowerment of these actors will be essential.

The Road Ahead: Challenges and Opportunities

While EU candidate status presents BiH with a unique opportunity to tackle organized crime and corruption, it also comes with significant challenges. The deeply entrenched nature of these problems means that progress will be slow and difficult. Resistance from powerful vested interests, both within the political sphere and the criminal underworld, is inevitable. Furthermore, the ongoing political instability in BiH, marked by frequent ethnic tensions and a fragmented political landscape, poses a significant obstacle to the implementation of necessary reforms.

However, the incentives provided by the EU accession process should not be underestimated. The promise of eventual EU membership, with its associated economic and political benefits, provides a powerful motivation for reform. Moreover, the EU's increased scrutiny and support, coupled with pressure from civil society and the international community, can help to keep the reform process on track.

In conclusion, BiH's EU candidate status opens a new chapter in its fight against organized crime and corruption. While the road ahead is fraught with challenges, the potential rewards—both for BiH and for the stability of the broader region—are immense. The successful implementation of reforms in these areas will not only bring BiH closer to EU membership but also contribute to a safer, more prosperous future for its citizens.

AUTHOR
Džejna  Isanović

Džejna Isanović

Student

International Burch University...