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EU enlargement must prioritise fighting corruption [1]

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Date: 2025-01

While strongmen centralise control, justice systems lack independence. Across the candidate countries, high-level corruption is frequently ignored as cases remain unresolved, proceedings are continually delayed and sentences are minimal. In Kosovo,1 court cases over alleged corruption by high-level officials often face delays and sometimes take as long as ten years to complete, reducing deterrence and allowing corrupt officials to remain free. In one such case, several former ministers accused of abuse of official positions in connection to the privatisation of four hydropower plants were acquitted just a couple of weeks before the case was to reach the statute of limitations.

In Bosnia and Herzegovina, the complexity of governance structures leaves the judiciary vulnerable to political interference, bribery and threats. Just 34.6 per cent of corruption convictions in 2022 resulted in prison time, and high-level corruption cases often remain unresolved due to political obstruction. At the same time, existing integrity regulations concerning members of judiciary and prosecution at the country level are not implemented, while the Federation of Bosnia and Herzegovina still lacks a new law on conflict of interest.

To make matters worse, a number of countries have recently revised laws or introduced new regulations that further weaken prosecution of corruption. In North Macedonia in 2023, the government proposed changes to the criminal code that impacted a number of high-profile ongoing corruption cases. In a highly criticised move, the legislature quickly pushed the revisions through, with the revised law now decriminalising public officials’ abuse of their power in public procurement and reducing the statute of limitations for corruption offences. Some important cases have, consequently, already been dropped. Similarly, a new law in the Republika Srpska would shield public officials from prosecution, including for any infractions committed before the law was passed. Such measures, if enacted, would deal a devastating blow to any semblance of the rule of law in Bosnia and Herzegovina.

Even attempts at reform are hampered by entrenched interests: in Kosovo, while the government has introduced integrity vetting for high-level judiciary officials, the judicial and prosecutorial councils disagree with the reform and political will to pass necessary constitutional changes is still missing.

Fortunately, some countries have made progress in securing an effective and independent judiciary, and some cases of high-level corruption are being pursued, though significant challenges remain. In Albania, the judicial vetting process has strengthened anti-corruption efforts and improved the judiciary’s functioning, resulting in convictions against former ministers, MPs and mayors and advancing investigations into high-level corruption cases, such as those against former Prime Minister Sali Berisha and former President Ilir Meta. Nevertheless, concerns about political interference, gaps in merit-based appointments to key judicial councils and insufficient funding for reforms persist.

Additionally, Montenegro has signalled efforts to hold corrupt officials accountable by arresting several high-profile individuals from the judiciary and police. Recently, the country saw the arrest of the head of its anti-corruption agency in a case linked to abuse of office, signalling efforts to hold officials accountable. However, without deeper judicial reforms and integrity vetting, there is a real risk of influence by organised crime and continued impunity for corruption.

Ukraine has made significant anti-corruption reforms, even as the war against Russia’s invasion taxes its resources. Key achievements include revising appointment processes for judges, enhancing open and competitive court procedures and strengthening the independence of the national anti-corruption prosecution body. Progress has also been made with reforming the Economic Security Bureau of Ukraine to counter economic offences and the Accounting Chamber, the country’s key body of financial control.

Corruption remains in the country, but more and more cases are being brought to light and to trial – such as that of a Deputy Energy Minister who was arrested in August for allegedly taking US$500,000 in bribes. Another is the 2023 arrest of then-head of the Supreme Court Vsevolod Knyazev, for allegedly receiving US$2.7 million in bribes. These show important progress and how reforms are starting to take effect. However, the achievements remain exceptions in a region where entrenched corruption and weak systems continue to undermine the rule of law.

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[1] Url: https://www.transparency.org/en/news/eu-enlargement-must-prioritise-fighting-corruption

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