Parliamentary oversight of the police and the EU accession process – a missing link in the fundamentals-first approach

Parliamentary oversight of police work represents a critical measure in strengthening the integrity and operational independence of the police. At the same time, these features of the police work are crucial in attaining benchmarks for negotiating Chapter 24 in Serbia’s EU accession process. Along with judiciary, functional and democratically governed police is a prerequisite for the rule of law and other fundamental principles of the EU accession process. Chapter 24 occupies an even more important position within the revised methodology for accession negotiations, since benchmarks in the Cluster 1 (Fundamentals) are a precondition for advancements in all the other clusters.

In the Justice, Freedom, and Security field (Chapter 24), the National Assembly plays an important role, foremost by passing and amending the laws through which domestic legislation harmonizes with the regulations of the European Union. The action plan for the Chapter 24 recognizes the role of the National Assembly in achieving benchmarks in this area, most often precisely through changes in the normative framework, i.e. adoption of new or changes to old legal regulations and confirmation of international agreements. However, the role of the National Assembly should be more significant in practice, although this cannot be precisely expressed through technical measures and activities. Defining obligations in the Action Plan might even produce a counter effect  and further boost the “tick the box” approach, with the National Assembly captured by the ruling party proficient in simulating its democratic features.

The primarily technical action plan cannot bind the National Assembly to effectively oversee the police since the problem is political – there is a lack of political will to control the security sector, the level of democratic culture is low, and the National Assembly is captured by the ruling party. It is, therefore, necessary to explore mechanisms which could make a clear bond between the political criteria which are part of the Fundamentals cluster, such as the functioning democratic institutions, and concrete measures from the action plans, like the ones aimed at strengthening police integrity. Parliamentary oversight of the police is one such connector since it is a vital democratic feature which can boost police integrity and reforms, essential Chapter 24 criteria and prerequisite for other elements of the Fundamentals cluster.

This publication is written within the project “Fundamentals in focus: European integration beyond action plans”, supported by the Embassy of the Kingdom of the Netherlands in Belgrade and implemented by the Belgrade Centre for Security Policy in partnership with the Belgrade Centre for Human Rights, Birodi and Politikon. Opinions expressed in the publication are the sole responsibility of the author and do not necessarily represent those of the Netherlands Embassy in Belgrade.