The impact of EU legislation: Lessons from Serbia for Ukrainian municipalities

Serbia applied for EU membership back in 2009 and gained candidate status in 2012.  Despite political turbulence and significant differences in views and interests between Brussels and Belgrade on certain issues, the country continues to declare its aspiration to become a full-fledged EU member.

From a conversation with Aleksandra Vukmirović, Head of Department for European Integration and International Cooperation of the Standing Conference of Towns and Municipalities of Serbia, as part of the course “EU Integration: Impact and Opportunities for Communities” by the Сities4Сities initiative and the Swedish-Ukrainian Polaris Programme “Support for Multi-Level Governance in Ukraine.”

Local Self-Government and European Integration in Serbia

Over more than a decade of EU accession negotiations, Serbian local governments have managed to become active participants in the negotiation process. This was made possible by the inclusion of representatives from the Standing Conference of Towns and Municipalities of Serbia in negotiation groups and systematic work on assessing the impact of EU legislation on Serbian communities. The association also worked actively to develop the capacity of municipalities to absorb European funds.

The association conducted a detailed analysis of 21 out of 33 Chapters of the EU acquis and their impact on the local level in Serbia, including:

• Chapter 3 – Right of establishment and freedom to provide services
• Chapter 4 – Free movement of capital
• Chapter 5 – Public procurement
• Chapter 8 – Competition policy
• Chapter 10 – Information society and media
• Chapter 11 – Agriculture and rural development
• Chapter 12 – Food safety, veterinary and phytosanitary policy
• Chapter 14 – Transport policy
• Chapter 15 – Energy
• Chapter 19 – Social policy and employment
• Chapter 20 – Enterprise and industrial policy
• Chapter 22 – Regional policy and coordination of structural instruments
• Chapter 23 – Judiciary and fundamental rights
• Chapter 27 – Environment 
• Chapter 28 – Consumer and health protection 
• Chapter 32 – Financial control
• Chapter 34 – Institutions

The analysis revealed that the greatest impact on Serbian communities will be caused by legislative changes related to the environment, judiciary, regional policy and procurement. The outcomes of the work on some chapters had a significant impact on the negotiation process. In particular, the negotiating team took into account more than 65% of the association’s comments on Chapter 27 ‘Environment’. Furthermore, thanks to the knowledge gained through the impact analysis, the association participated in the preparation of plans for the transposition of certain EU directives into national legislation, as well as in the work of the Working Group on the Implementation of the objectives of the Sofia Declaration on the Green Agenda for the Western Balkans, especially in preparing the Environmental Protection Strategy, during which all of the association’s proposals were accepted.

Key Lesson for Ukraine: “Informed Means Empowered” To participate effectively in the European integration process, political statements alone are insufficient – it is essential to rely on data and analytics. Only under such conditions does the state recognize the practical benefits of involving local governments in negotiation processes.

Interestingly, the assessment results of the Serbian association differed somewhat from those conducted by associations in other countries. This reaffirms that in the European integration process, communities and associations cannot rely solely on the experience of partners from other EU member states or candidate countries. They must conduct their own assessments that account for national legislation and municipal powers.

How to Assess the Impact of EU Legislation at the Local Level

The Standing Conference of Towns and Municipalities of Serbia developed its own methodology for analysing the impact of EU legislation at the local level, which included the following key steps:

• Analysis of EU legislation by selected chapter

A thorough understanding of original EU legislation is necessary to assess whether national draft proposals are acceptable for local self-government.

• Analysis of draft national legislation implementing EU law

At this stage, the working group expert or experts monitored how flexible the government’s legislative proposals were for communities and whether national legislation was overregulated compared to European requirements.

• Field study in target group 

Questionnaires were developed for the study. Depending on the chapter, between 20 and 600 municipalities selected by experts according to specific criteria were involved in the study.

• Formulating conclusions and advocating for local government interests at national level, including through participation in negotiation groups

Where Can Associations Find Experts for Assessments?

Serbia’s experience shows that for analysing legislation in certain chapters, the work of one expert is sufficient – someone who equally understands the EU legislative process and national legislation in the chosen field. Additionally, the expert must be fluent in English and understand the specifics and powers of local governments in the country. In addition, it is important to ensure that the expert has no conflict of interest in the area of study and that his/her analysis is objective, in the interests of local self-government.

It is understandable that in a country that is just starting the process of European integration, it is difficult to find experts who have all these knowledge and skills, so potential experts have to study a lot and learn from the experience of other countries. It would also be useful to consult with experts from EU member states on analysing the impact of EU legislation at the local level. 

What Lessons Should Ukraine Learn from Serbia’s Experience

• Local governments should be an active participant in the negotiation process with the EU as soon as possible, as this has proven benefits for both local and central government;
• Local government associations have a key role to play in this process.  In the case of Ukraine, it is important to have a unified position of the associations on European integration;
• In order to really influence the negotiation process, it is necessary to establish analytical work and objectively assess the impact of European legislation on the local level in the Ukrainian context; 
• Ukraine should not rely only on foreign experts, but rather develop its own expertise by increasing the number of association experts who understand the context of European integration.

There is also an opportunity to register for the Cities4Cities course “EU Integration: Impact and Opportunities for Communities”. This course will enhance your confidence in engaging with European-level initiatives, help you negotiate more effectively with international partners, and enable you to define your development priorities more clearly for the coming years.

The course is supported by Sweden’s flagship programme for Ukraine Polaris “Supporting Multilevel Governance in Ukraine”.

Cities4Cities | United4Ukraine are partner initiatives that joined forces in September 2022. Cities4Cities was founded by the city of Sindelfingen (Germany) under the patronage of the Congress of Local and Regional Authorities of the Council of Europe. United4Ukraine was initiated by SALAR International and the city of Lviv, with support from the Swedish International Development Cooperation Agency (Sida). Since 2024, Cities4Cities | United4Ukraine has been part of Sweden’s flagship programme for Ukraine Polaris “Supporting Multilevel Governance in Ukraine”