Original article (in Serbian) was published on 13/12/2022
In the past few days, numerous media have announced that the Dutch Parliament has adopted a resolution demanding visas be introduced to Serbia because it has not imposed sanctions on Russia. Although the news sounds dramatic but also credible because some credible media reported it, it is still not true. A proposal on the temporary introduction of visas to Serbia was before the House of Representatives of the Dutch Assembly last week, but the vote on that proposal was postponed, which means that it has not yet been adopted. This was also confirmed to Raskrikavanje by the Dutch Parliament. Even if the proposal gets adopted, it would still not mean that Serbia automatically leaves the visa-free regime, as lawyer Milan Antonijevic explains for Raskrikavanje.
“Adopted: Introduce visas to Serbia”, “INTRODUCE VISAS TO SERBS! The Netherlands adopted a resolution demanding that our country be punished”, “The Netherlands requests that visas be introduced to Serbia” – these are some the yesterday’s headlines found on the Serbian web portals. News about the Dutch resolution was reported by tabloids and credible websites, so this news could be read practically everywhere – European Western Balkans, Danas, Nova.rs, Republika, Blic, Kurir, B92, Srbija danas, Alo, Blic, Mondo, Politka, Russia Today. Some wrote that the Parliament adopted the resolution, and some wrote that it was the House of Representatives, but from many texts, it could be concluded that it is almost a finished matter and that visas will soon be re-introduced to Serbia.
However, this is not true, at least for now, as both the Dutch Parliament and the Ministry of Foreign Affairs confirmed for Raskrikavanje.
What actually happened?
Dutch MPs Jeoren van Weinharden and Sord Sordsma submitted a proposal to the House of Representatives (part of the Parliament) on the temporary suspension of the visa-free regime with Serbia, which is due to deviations from EU policy when it comes to relations with Russia, and due to the large number of illegal migrants who arrive in the EU through Serbia.
“Serbia is increasingly undermining the foreign policy of the European Union with its benevolent attitude towards Russia and non-compliance with European sanctions”, states the explanation of this proposal, which was before the House of Representatives of the Dutch Parliament on December 8.
“If Serbia has not sufficiently adapted its visa and foreign policy, we call on the Government to advocate for the visa-free regime for Serbia to be temporarily suspended through the mechanism of the so-called emergency brakes no later than March 2023”.
Contrary to the claims of the media, this proposal was not adopted but was put “on hold” at the request of the Minister of Foreign Affairs, and the deputies have not yet voted for it.
This can be checked on the website of the House of Representatives, and the public relations office of the House of Representatives also confirmed this information.
“The proposal has been put “on hold”. The members of the House of Representatives will vote on it later, but it is not yet known on which date”.
The Ministry of Foreign Affairs stated the same.
“The House of Representatives submitted a proposal for the application of the so-called emergency brakes towards Serbia. At the request of the Minister of Foreign Affairs, this proposal was postponed. The Dutch government will first assess the annual report on this mechanism”.
If, however, this proposal is adopted, it will still not mean that visa liberalization is automatically canceled for Serbia.
Lawyer Milan Antonijevic explains for Raskrikavanje that “the Netherlands is one of 27 countries whose parliament can advocate for the abolition of visas for Serbia or for the introduction of visas for Serbia. In order for such a decision to be made and implemented, each of the member states of the European Union must vote for it”.
Antonijevic points out that the media not only misled the public that the resolution was adopted but also failed to explain that “even if it was adopted, it is only an instruction to the Dutch government on how to act, not a direct order”.
What was adopted that day in the House of Representatives, among other things, was an invitation to the Government of the Netherlands to ask the European Commission to define the consequences that the EU could impose on candidate countries if they do not comply with the Union’s foreign policy. One such consequence could be the freezing of the accession process.
This proposal primarily refers to Serbia – it is stated that the percentage of Serbia’s compliance with the common foreign and security policy of the EU dropped from 64 per cent in 2021 to 45 per cent in 2022.
“The criminal war launched by Russia against Ukraine makes it more important than ever before that the candidates and members of the European Union are aligned with the EU’s common foreign and security policy”, states this proposal, which was adopted by the House of Representatives of the Dutch Parliament by a majority vote.
Radio Free Europe states that the government in the Netherlands is not obliged to follow the proposals of the House of Representatives, but that in practice it mostly does so, especially when the proposal of the House of Representatives has the support of the majority.
And MP Jeoren van Wijngaarden announced on his Twitter profile that the House of Representatives supports introducing stricter measures to Serbia if Aleksandar Vucic does not support sanctions against Russia.
“Interruption of the process of joining Serbia to the European Union could become an option. We will not hesitate to use it”, said van Wijngaarden.
Prime Minister Ana Brnabic, as reported by the Beta agency, stated today that “abolishing the visa-free regime for citizens of Serbia for travel to the EU would be unprecedented and that she does not think that such a possibility realistically exists”.
“That would not be in accordance with European values or international law, so I don’t believe that we are close to that”, said Brnabic.