INTERIM REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL ON REFORMS IN CROATIA IN THE FIELD OF JUDICIARY AND FUNDAMENTAL RIGHTS (NEGOTIATION CHAPTER 23)
Date: 2011-03-02
Institutions: European Commission
Subjects: Croatia, human rights, judicial power, judicial reform

EN 

EN 

   EN 

 
EUROPEAN COMMISSION 

Brussels, 2.3.2011 
COM(2011) 110 final 

INTERIM REPORT FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

ON REFORMS IN CROATIA IN THE FIELD OF JUDICIARY AND 
FUNDAMENTAL RIGHTS (NEGOTIATION CHAPTER 23)  

EN 

   EN 

 
 
  
INTERIM REPORT FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

ON REFORMS IN CROATIA IN THE FIELD OF JUDICIARY AND 
FUNDAMENTAL RIGHTS (NEGOTIATION CHAPTER 23)  

1. 

INTRODUCTION 

In its Communication "Enlargement Strategy and Main Challenges 2010-2011 adopted on 9 
November 20101, the Commission stated that it would "closely monitor Croatia's progress in 
the field of judiciary and fundamental rights and take stock of the situation in the first quarter 
of 2011." It is for this reason that the Commission is presenting this report. The Commission 
noted that this chapter in the accession negotiations requires the establishment of convincing 
and credible track records and hence is likely to be among the last chapters to be provisionally 
closed. 

Tangible results regarding the judiciary and the fight against corruption and organised crime 
are essential for the credibility of the EU's enlargement process. This is in accordance with the 
EU's renewed consensus on enlargement, adopted by the December 2006 European Council. 

Accession  negotiations  with  Croatia  on  judiciary  and  fundamental  rights  (chapter  23)  were 
opened  in  June  2010,  once  the  Council  concluded  that  Croatia  had  met  the  opening 
benchmarks. In the opening EU Common Position, it was stated that the provisional closure 
of  negotiations  on  this  chapter  could  be  envisaged  once  a  number  of  closing  benchmarks 
(CBMs)  were  met,  covering  the  following  four  areas:  (1)  judiciary;  (2)  fight  against 
corruption and organised crime; (3) fundamental rights and (4) ICTY co-operation. Most of 
the ten benchmarks were divided into sub-benchmarks which focus on the implementation of 
measures and the establishment of track records. 

This report is part of the Commission's on-going monitoring of Croatia's progress in the area 
of judiciary and fundamental rights. It is based on information gathered and analysed by the 
Commission,  in  particular  contributions  from  the  Croatian  authorities.  The  Commission  has 
also drawn on several targeted peer assessment missions where senior judges, prosecutors and 
police officers from EU Member States have reviewed the situation in Croatia. Other sources 
have  been  used,  including  information  from  various  international  and  non-governmental 
organisations. 

The following sections review the steps taken by Croatia to meet the benchmarks in the field 
of judiciary and fundamental rights and draws attention to the main areas where shortcomings 
have been identified and need to be addressed.  

1 

COM(2010) 660. 

EN 

2 

   EN 

                                                 
2. 

THE STATE OF PLAY BY AREA 

2.1. 

Judiciary 

CBM  1:  Croatia  updates  its  Judicial  Reform  Strategy  and  Action  Plan  and  ensures 
effective implementation. 

Croatia has updated the requested documents and, regarding implementation, has put in place 
improved  institutional  capacity  for  the  management  of  judicial  reforms,  including  post-
legislative scrutiny. 

CBM  2:  Croatia  strengthens  the  independence,  accountability,  impartiality  and 
professionalism of the judiciary. 

A  number  of  measures  have  been  taken  to  strengthen  the  independence  of  the  judiciary, 
including  through  constitutional  changes,  such  as  the  provisions  which  set  out  the  new 
appointment  procedure  for  the  State  Judicial  Council  (SJC)  and  the  State  Prosecutorial 
Council (SPC). Croatia is in the process of reforming and strengthening the SJC and SPC to 
ensure  their  professionalism,  impartiality  and  independence  from  political  or  other 
interference, in particular in the appointment, career management and disciplining of judges 
and prosecutors. The State School for Judges and Prosecutors has begun effective operation.  

However,  Croatia  has  not  yet  established  a  convincing  track  record  of  recruiting  and 
appointing  judges  and  state  prosecutors  based  on  the  application  of  uniform,  transparent, 
objective  and  nationally  applicable  criteria.  Since  the  State  Judicial  Council  and  State 
Prosecutorial  Council  have  been  established  only  recently,  they  could  not  yet  demonstrate 
their ability for accountable self-regulation. 

Croatia will need to ensure that the newly constituted SJC and SPC demonstrates their ability 
to  correctly  apply  the  new  transitional  provisions  for  the  recruitment  of  judges  and 
prosecutors,  as  well  as  an  improvement  in  the  conduct  of  disciplinary  proceedings  against 
attorneys and judges.  

CBM 3: Croatia improves the efficiency of the judiciary. 

The backlog of cases before courts is an important parameter in this regard. From December 
2009  to  December  2010,  Croatia  has  slightly  reduced  the  overall  case  backlog  before  the 
courts from 795,722 to 785,561 cases (- 1.3%). The backlog of old criminal cases has been 
reduced  by  10.6%.  Measures  are  being  put  in  place  to  prevent  undue  delay  in  court  cases, 
including  the  gradual  introduction  of  new  methods  of  enforcement,  the  recruitment  of 
additional  judges,  court  advisors  and  court  clerks  in  the  most  overburdened  courts,  and 
incentives  to  judges  to  ensure  the  speedy  handling  of  older  cases.  A  track  record  of 
implementation of the new criminal procedure has been established. Croatia has made some 
progress with the physical infrastructure and computerisation of courts, having introduced the 
Integrated  Case  Management  System  in  a  majority  of  courts.  Croatia  has  continued  to 
implement  the  rationalisation  of  municipal  and  misdemeanour  courts,  ensuring  efficient 
operation  of  the  merged  courts  and  adopting  a  plan  for  rationalisation  of  county  and 
commercial courts.  

EN 

3 

   EN 

However, the backlog of old civil cases pending for 3 years or more has increased by 3.8%. A 
convincing  track  record  of  implementing  the  civil  procedure  code  has  not  yet  been 
established.  The  backlog  of  old  enforcement  decisions  has  also  increased.  A  number  of 
important courts, including Zagreb and Split, continue to suffer from high case backlogs. 

Croatia  will  need  to  further  reduce  the  overall case  backlog,  and  in  particular  to  reduce  the 
number  of  old  civil  cases  and  enforcement  decisions.  The  implementation  of  the  civil 
procedure code should be improved to reduce the excessive length of civil proceedings. 

CBM 4: Croatia improves the handling of domestic war crimes cases. 

Croatia  has  made  progress  towards  establishing  a  track  record  of  impartial  handling  of  war 
crimes  cases  by  the  courts,  by  concluding  a  number  of  cases  against  accused  persons  of 
different ethnic background.  

A strategy for addressing impunity was adopted in February 2011. Croatia has implemented 
its  action  plan  for  the  review  of  in  absentia  cases.  Engagement  at  the  bilateral  and  regional 
level has continued. 

However, the issue of impunity for cases which have not been investigated or prosecuted has 
not  been  properly  addressed,  and  the  new  strategy  to  ensure  the  proper  investigation  and 
prosecution of such crimes has not yet been implemented. 

Croatia  will  need  to  proceed  with  the  domestic  war  crime  cases  which  have  not  yet  been 
addressed,  in  particular  through  implementation  of  its  new  strategy  and  systematic  use  of 
specialised chambers so as to present a convincing track record.  

2.2. 

Fight Against corruption 

CBM  5:  Croatia  establishes  a  track  record  of  substantial  results  based  on  efficient, 
effective  and  unbiased  investigation,  prosecution  and  court  rulings  in  organised  crime 
and  corruption  cases  at  all  levels  including  high  level  corruption,  and  in  vulnerable 
sectors such as public procurement. 

The operational capacity of the Office for the Suppression of Corruption and Organised Crime 
(USKOK), the specialised prosecution service for corruption and organised crime cases, has 
been  reinforced,  and  the  police  have  become  more  effective.  In  a  number  of  high-level 
corruption cases investigations are underway or indictments have been issued. A considerable 
number  of  organised  crime  cases  have  been  through  each  stage  of  the  judicial  procedure 
(investigations, prosecutions, court rulings). Dissuasive sanctions have been applied. 

However, most high level corruption and public procurement cases have not yet reached the 
stage  of  court  rulings.  The  capacity  of  the  courts  to  handle  cases  adequately  remains  to  be 
fully tested. Out  of 436 posts available at  the Police National Office  for the Suppression of 
Corruption  and  Organised  Crime  (PNUSKOK),  some  20%  remain 
to  be  filled. 
Depoliticisation and improved professionalism of the police have not been fully addressed. 

Croatia  will  need  to  demonstrate  effective  handling  of  a  sufficient  number  of  cases  through 
the  relevant  stages  of  the  procedure  (investigations,  prosecutions  or  court  rulings)  covering 
high  level  corruption  cases,  local  level  corruption  and  including  cases  related  to  public 
procurement and the judiciary. Effective control of the dismissal by the prosecutor of criminal 

EN 

4 

   EN 

reports is required. Croatia should further reinforce PNUSKOK and adopt the new police act 
which  is  currently  under  preparation,  and  which  addresses  in  particular  issues  of 
depoliticisation  and  merit-based  appointments.  Croatia  should 
interagency 
cooperation, including information exchange. 

improve 

CBM 6: Croatia establishes a track record of strengthened prevention measures in the 
fight against corruption and conflict of interest. 

Improved legislation on access to information, on political party financing and on conflicts of 
interest  was  adopted  in  February  2011.  The  Conflict  of  Interest  Commission  has  been 
strengthened  by  providing  additional  resources.  Anti-corruption  action  plans  in  state  owned 
companies are being implemented. 

However, some provisions in the newly adopted legislation remain to be clarified and tested 
in practice, including in terms of consistency with other legislation. Implementing structures 
need to be strengthened. Not all implementing legislation necessary for full application of the 
General  Administrative  Procedures  Act  (GAPA)  has  been  adopted.  Transparency  and 
integrity in public administration need to be further strengthened. 

Croatia will  need  to demonstrate effective implementation of the new access to information 
legislation in practice, to improve transparency in public procurement, notably by publishing 
information on the actual implementation of contracts, and adopt all sectoral legislation in line 
with the GAPA. As regards the law on financing of political parties, Croatia should clarify the 
rules concerning supervision of private contributions and provide the administrative capacity 
necessary for applying the legislation. 

2.3. 

Fundamental rights 

CBM  7:  Croatia  strengthens  the  protection  of  minorities,  including  through  effective 
implementation  of  the  Constitutional  Act  on  the  Rights  of  National  Minorities 
(CARNM). 

The  general  protection  of  minorities  has  improved,  and  measures  taken  aimed  at 
reconciliation and increased tolerance among citizens, including training of police and media. 
Some  steps  have  been  taken  to  improve  monitoring  of  implementation  of  the  employment 
provisions  of  the  CARNM.  Croatia  has  carried  out  a  comprehensive  study  into  the  under-
representation of minorities in the wider public sector. 

However,  there  has  been  no  tangible  improvement  in  the  level  of  employment  of  national 
minorities as required by the CARNM. There has been no review of the role of schooling in 
reconciliation efforts. A plan to tackle the shortcomings identified by the study in the wider 
public sector remains to be adopted.  

Croatia  will  need  to  set  out  long  term  plans,  backed  by  statistics,  for  fully  meeting  its 
obligations under the CARNM as regards minority employment, and should adopt a plan to 
tackle  the  shortcomings  identified  by  the  study  on  the  under-representation  of  minorities  in 
the wider public sector. 

EN 

5 

   EN 

CBM 8: Croatia settles outstanding refugee return issues.  

Croatia  has  partially  implemented  its  Action  Plan  on  the  Housing  Care  Programme  for 
returning refugees/former tenancy rights holders. It has met the targets for 2008. Croatia has 
improved  the  handling  of  appeals  for  rejected  housing  reconstruction  applications.  Progress 
has been made with the reconstruction of the remaining properties.  

However,  the  target  for  2009  under  the  action  plan  for  the  provision  of  2,070  flats  has  not 
been met. Out of 1300 available housing units (62.8%) only 1024 (49.5%) have been handed 
over, while 276 have not. Croatia has not made progress in providing accommodation to other 
successful applicants beyond the 2009 target. The backlog of existing housing reconstruction 
appeals, standing at 4,000, has not been sufficiently tackled.  

Croatia  will  need  to  implement  in  full  its  2009  target  and  make  substantial  progress  in 
providing  accommodation  to  applicants  for  housing  care  not  included  in  the  2009  target. 
Croatia should also eliminate the backlog of existing reconstruction appeals. 

CBM 9: Croatia improves the protection of human rights. 

The general legal framework for the protection of human rights has been improved, notably 
though stronger constitutional provisions adopted in July 2010. Awareness raising of police, 
prosecutors and courts on human rights law has continued. Implementation of the strategy and 
action  plan  for  the  protection  and  integration  of  Roma  is  on-going.  Freedom  of  expression 
should continue to be respected.  

Croatia has improved access to justice, including by taking steps to ensure that, by the time of 
accession,  the  Administrative  Court  is  made  a  court  of  full  jurisdiction,  and  by  ensuring 
improved implementation of the law on legal aid, in particular through simplified procedures 
and higher fees for lawyers. Croatia has begun to establish a track record of implementation 
of the Anti-Discrimination Law and the Law on Hate Crimes. 

However,  the  Office  of  the  Ombudsman  is  not  sufficiently  staffed  because  new  tasks  (e.g. 
implementation of anti-discrimination law) and competencies (e.g. in the field of prevention 
of torture) were allocated to the office without increase of resources. 

Croatia  will  need  to  further  strengthen  the  Office  of  the  Ombudsman  in  particular  through 
ensuring the planned additional staff members and budget increase, ensure proper follow-up 
of the Ombudsman's recommendations and make further progress in implementing the Anti-
Discrimination Law and the Law on Hate Crimes.  

2.4. 

Cooperation  with  the  International  Criminal  Tribunal  for  the  former 
Yugoslavia 

CBM 10: Full cooperation with the ICTY remains a requirement for Croatia's progress 
throughout the accession process, including for the provisional closure of this chapter, in 
line with the negotiating framework adopted by the Council on 3 October 2005. 

As requested by the Office of the ICTY Prosecutor, the Croatian Government’s inter agency 
task force has begun exploring important new avenues in its investigations aimed at locating 
or determining the fate of missing artillery documents. The ICTY Prosecutor will next report 
to the UN Security Council in May 2011.  

EN 

6 

   EN 

3. 

CONCLUSION 

Croatia  has  made  considerable  progress  in  the  field  of  judiciary  and  fundamental  rights. 
However, further work remains to be done, in particular to establish convincing track-records 
in  the  field  of  the  judiciary  and  the  fight  against  corruption,  to  address  impunity  for  war 
crimes and to settle the outstanding refugee return issues. 

Accordingly, the Commission: 

–  encourages Croatia to redouble its efforts to meet all closing benchmarks set out 
in  the  EU's  opening  negotiating  position  for  chapter  23  of  June  2010,  and  in 
particular, to address the remaining issues set out in this communication; 

–  will continue to monitor Croatia's progress closely and to further support Croatia, 
through  technical  expertise  and  financial  assistance,  to  enable  it  to  meet  the 
benchmarks in this chapter. 

As  soon  as  the  Commission  has  ascertained  that  Croatia  has  met  all  closing  benchmarks,  it 
will submit a closing benchmark report and draft closing EU position to the Council, in line 
with established procedures. 

EN 

7 

   EN