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Monitoring human rights and the rule of law in Europe

Preface

The EU Accession Monitoring Program of the Open Society Institute was initiated in 2000 to encourage independent monitoring of the process by which the European Union is considering applications for membership from the ten candidate States of Central and Eastern Europe. The Program aims to contribute to this historic process by producing monitoring reports to complement the evaluations already being conducted by the European Commission, as reflected in its annual "Regular Reports" on candidate States' progress towards meeting accession criteria. The enlargement of the European Union is a positive development, and independent monitoring is one means of magnifying its beneficial effects, both within the candidate States and in the EU itself.


In keeping with the larger aims of the Open Society Institute, the Program is monitoring compliance with the political criteria for membership as defined by the European Council in Copenhagen in 1993:


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.

In order to determine specific topics for monitoring, the Program looked to the Regular Reports to identify certain aspects of the political criteria frequently highlighted by the Commission itself: minority rights, judicial independence, and corruption. Monitoring was also initiated on a fourth topic of importance to both the Commission and OSI: equal opportunities for women and men.

Monitoring reports were elaborated by independent experts and/or organisations in each of the ten candidate countries on the basis of a methodology developed by OSI with the assistance of an international advisory board. This methodology draws upon existing international and European standards for judicial independence to provide a framework for analysis of corresponding legislation, institutions and practice in the candidate States.


First drafts of each report were reviewed by a national expert and the international advisory board. Subsequently, round-table meetings were organised in nine candidate States to invite critique of the drafts from government officials, civil society organisations, judicial representatives, and from the Commission itself. Where it was not possible to organise a round-table, the draft was submitted for comment by mail. The final reports underwent significant revision on the basis of the comments and criticisms received during this process. The Program assumes full editorial responsibility for their final content.

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