COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report Country Chapter on the rule of law situation in Croatia Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Croatia, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 811 final  COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report             Country Chapter on the rule of law situation in Croatia Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report                                          The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 810 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

In 2022, positive steps were taken regarding the Croatian justice system as periodic security 
checks on judges were removed by way of a Constitutional Court decision and amendments 
are  being  drafted  to  remove  them  in  relation  to  state  attorneys.  The  electronic  registers  for 
verifying asset declarations from judges and state attorneys are now in use by the State Judicial 
Council and State Attorney’s Council. Instances of integrity challenges among judges and state 
attorneys are being addressed in disciplinary proceedings, and criminal proceedings in cases of 
alleged corruption by judges are ongoing. The level of remuneration of judges, state attorneys 
and judicial staff is being addressed, although concerns remain. Public communication about 
the  work  of  the  judiciary  could  be  improved,  as  also  recommended  by  the  People’s 
Ombudsperson. The level of perceived judicial independence remains very low.  The justice 
system  further  extended  electronic  communication  tools  and  decreased  backlogs,  but 
significant efficiency and quality issues remain. 

Croatia  committed  to  taking  legislative  action  on  bribery  of  foreign  public  officials.  The 
effective  investigation  of  high-level  corruption  continued,  and  the  overall  number  of 
indictments and judgments increased. The excessive length of investigation, prosecution and 
adjudication  of  corruption  offences  continued  to  undermine  the  effectiveness  of  the  anti-
corruption system. The resources of the Commission for the Resolution of Conflicts of Interest 
have  been  increased  to  match  its  tasks,  although  difficulties  with  the  verification  of  assets 
remain. Codes of Conduct were adopted for members of Parliament and almost all local and 
regional administrations have introduced them too. Draft legislation on lobbying was submitted 
for public consultation.  

The  legal  framework  provides  safeguards  for  media  pluralism  and  freedom  as  well  as  the 
freedom of expression and the right to information. The legislation on the general access to 
information and public documents has been revised, while in some cases delays remain an issue 
in practice. Concerns about the political independence of the Council for Electronic Media and 
the public service broadcaster HRT from the parliamentary majority persist. Media ownership 
information is publicly available. No further steps have been taken to  further strengthen the 
framework for the public tender procedure for state advertising in local and regional media. 
Only some steps have been made on the issue of strategic lawsuits against public participation 
(SLAPP) targeting journalists, which remain a significant concern impacting the professional 
environment for journalists. 

The  number  of  public  consultations  increased  significantly.  The  preparation  of  the  new 
National Plan for Creating an Enabling Environment for the Civil Society Development 2021-
2027 has not progressed. The follow-up to the People’s Ombudsperson’s recommendations has 
slightly improved while challenges remain on guaranteeing access to information. 

1 

 
 
 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2022 Rule of Law Report, Croatia has made: 

  Significant progress on the recommendation to reconsider the newly introduced periodic 
security checks conducted by the National Security Agency on all judges and state attorneys 
by  ensuring  their  integrity  based  on  other  existing  mechanisms,  taking  into  account 
European standards on judicial independence and autonomy of prosecutors and the opinion 
of the Venice Commission. 

  Some progress on introducing comprehensive legislation in the area of lobbying, including 

on persons with top executive positions, and to set up a public register of lobbyists. 

  No  further  progress  on  further  strengthening  the  framework  for  a  fair  and  transparent 
allocation of state advertising, by establishing clear criteria, good practices and oversight 
measures to guarantee the effective functioning of the new public tender procedure for local 
and regional media. 

  Some  progress  on  addressing  the  issue  of  strategic  lawsuits  against  public  participation 
targeted at journalists, including by addressing the abuse of legal provisions on defamation 
and encouraging awareness, taking into account European standards on the protection of 
journalists. 

  Some  progress  on  ensuring  a  more  systematic  follow-up  to  recommendations  and 

information requests of the Ombudsperson. 

In addition  to  recalling  the commitments made under the national  Recovery and Resilience 
Plan relating to certain aspects of the justice system and the anti-corruption framework, it is 
recommended to Croatia to: 

  Continue  structural  efforts  to  address  the  remuneration  of  judges,  state  attorneys  and 
judicial staff, taking into account European standards on resources and remuneration for 
the justice system. 

  Adopt comprehensive  legislation in  the area of lobbying, including on persons with  top 

executive positions, and set up a public register of lobbyists. 

  Revise  the  Criminal  Procedure  Code  and  the  Law  on  the  Office  for  the  Suppression  of 
Corruption  and  Organised  Crime,  as  set  out  in  the  Anti-Corruption  Strategy,  so  as  to 
increase the efficiency of investigations and prosecution of corruption offences. 

  Advance with  strengthening the framework for a fair and transparent  allocation of state 
advertising,  by  establishing  clear  criteria,  good  practices  and  oversight  measures  to 
guarantee the effective functioning of the public tender procedure for local and regional 
media. 

  Make further efforts to address the issue of strategic lawsuits against public participation 
targeted  at  journalists,  including  by  reviewing  the  legal  provisions  on  defamation  and 
encouraging wider use of procedural rules that allow dismissing groundless lawsuits, taking 
into account the European standards on the protection of journalists. 

  Further improve the follow-up to recommendations and ensure a more systematic response 

to information requests of the Ombudsperson. 

2 

 
 
 
 
I. 

JUSTICE SYSTEM  

Croatia has a three-tiered justice system, with courts of general and specialised jurisdiction. 
The  first  instance  courts  of  general  jurisdiction,  dealing  with  civil  and  criminal  cases,  are 
composed of Municipal courts (34), while the County courts (15) are the second instance courts 
of  general  jurisdiction,  with  some  competences  as  first  instance  courts.  The  courts  of 
specialised  jurisdiction  comprise  nine  Commercial  and  four  Administrative  courts  at  first 
instance, and the High Criminal Court, the High Misdemeanour Court, the High Commercial 
Court and the High Administrative Court at second instance. The Supreme Court deals with all 
types of cases. The Constitutional Court conducts constitutional review. An independent State 
Judicial  Council  ensures  the  autonomy  and  independence  of  the  judiciary1.  The  State 
Attorney’s Office (DO) is an autonomous, independent judicial body. It acts as the prosecution 
service,  and  undertakes  legal  actions  for  the  protection  of  state  property  and  applies  legal 
remedies for the protection of the Constitution and laws. Each State Attorney’s Office is headed 
by a State Attorney. The State Attorney General is the head of the State Attorney Office of the 
Republic of Croatia (DORH), as the highest state attorney office. The powers over appointment 
and career of state attorneys and deputy state attorneys rest with the State Attorney’s Council, 
while the powers over representation and management rest with the State Attorney General2. 
The State Attorney’s Council is an independent self-governance body tasked with ensuring the 
autonomy  and  independence  of  the  State  Attorney’s  Office3.  Croatia  participates  in  the 
European Public Prosecutor’s Office (EPPO). The Croatian Bar Association is an independent, 
self-governing  professional  organisation,  which  is  in  charge  of  disciplinary  proceedings 
regarding lawyers4. 

Independence  

The  level  of  perceived  judicial  independence  in  Croatia  continues  to  be  very  low  both 
among the general public and companies. Overall, 22% of the general population and 18% 
of companies perceive the level of independence of courts and judges to be ‘fairly or very good’ 

1   The State Judicial Council is a judicial self-governance body with 11 members, seven judges elected by their 
peers, two university professors of law and two members of Parliament, one of whom is from the opposition. 
They are elected for a four-year term and can be re-elected once. The Council appoints/ dismisses judges and 
court  presidents,  decides  on  the  immunity,  transfer  and  external  activities  of  judges,  conducts  disciplinary 
proceedings and decides on the disciplinary responsibility of judges. The Council also participates in training 
of  judges  and  court  clerks,  adopts  a  methodology  for  evaluating  judges,  and  verifies  asset  declarations  of 
judges. 

2   Figures 55-57, 2019 EU Justice Scoreboard; Figure 54, 2020 EU Justice Scoreboard, and Figures 55-56, 2021 

EU Justice Scoreboard. 

3   The State Attorney’s Council is a prosecutorial self-governance body with 11 members, seven deputy state 
attorneys elected by their peers, two university professors of law and two members of Parliament, one of whom 
is from the opposition. They are elected for a four-year term and can be re-elected once. The Council's mandate 
includes  the  appointment,  dismissal  and  transfers  of  state  attorneys,  decisions  on  external  activities,  on 
objections to evaluations, and participation in trainings. The Council also keeps personal records and verifies 
the  asset  declaration  of  state  attorneys  and  deputy  state  attorneys,  as  well  as  conducting  disciplinary 
proceedings and deciding on the disciplinary responsibility of deputy state attorneys. 

4   The  Assembly  of  the  Bar  elects,  in  accordance  with  the  Statute  of  the  Croatian  Bar  Association,  the 
Disciplinary Court (which consists of at least five members and decides on more serious violations and appeals 
against Disciplinary Councils’ decisions), and the Higher Disciplinary Court (which consists of at least five 
members  and  decides  on  appeals  against  Disciplinary  Court’s  decisions).  The  Executive  Board of  the  Bar 
elects Disciplinary Councils, which consist of three members and decide on less serious violations. 

3 

 
                                                           
in 20235. According to data in the 2023 EU Justice Scoreboard, no clear trend can be identified 
in the evolution of the perceived level of independence since 2016. Although perceived judicial 
independence among the general public has slightly increased in comparison with 2022 (20%), 
it remains lower than in 2016 (28%). Perceived judicial independence among companies has 
decreased in comparison with 2022 (23%) as well as with 2016 (24%). The main reason cited 
by the general public and by companies for the perceived lack of independence of courts and 
judges is the perception of interference or pressure from the Government and politicians6. More 
detailed  surveys  to  identify  the  underlying  reasons  of  different  stakeholders  for  the 
continuously low level of perceived judicial independence are not available7. 

The periodic security checks on judges were removed by way of a Constitutional Court 
decision and amendments are being drafted to remove them regarding state attorneys. 
The 2022 Rule of Law Report recommended to Croatia to ‘reconsider the newly introduced 
periodic security checks conducted by the National Security Agency on all judges and state 
attorneys by ensuring their integrity based on other existing mechanisms, taking into account 
European standards on judicial independence and autonomy of prosecutors and the opinion of 
the  Venice  Commission’8.  The  introduction  of  security  checks  drew  criticism  from  judicial 
representatives and was subject of a Venice Commission Opinion9. The 2022 Report found that 
the  the  security  checks  introduced  in  February  2022  raised  concerns  as  they  would  be 
conducted by the National Security Agency10, a body under the control of the executive, and 
because they would be regular and conducted for all existing judges and state attorneys, not 

5   Figures 49 and 51, 2023 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

6   Figure 51, 2022 EU Justice Scoreboard. 
7   The last comprehensive survey of court users and professionals on the accessibility and quality of the court 
services was conducted in 2015. Figure 45, 2017 EU Justice Scoreboard. See also Figure 49, 2018 EU Justice 
Scoreboard, Figure 42, 2019 EU Justice Scoreboard, Figure 42, 2020 EU Justice Scoreboard, Figure 37, 2021 
EU Justice Scoreboard, Figure 40, 2022 EU Justice Scoreboard, and Figure 39, 2023 EU Justice Scoreboard, 
showing that in 2016-2021, no surveys were conducted. 

8   2022  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Croatia,  p.  2.  The  Venice 
Commission found that the reform was not justified and that the existing Croatian legislation already provided 
for  a  wide  array  of  mechanisms  to  ensure  integrity  of  the  judicial  corpus,  for  example:  (i)  annual  asset 
declarations which are checked by the State Judicial Council; (ii) annual assessments by the court presidents 
(regarding the minimum output and the behaviour of the judge concerned); (iii) the possibility of disciplinary 
proceedings;  (iv)  the  possibility  of  criminal  liability  (judges  only  enjoy  functional  immunity);  and  (v)  the 
existing possibilities for security checks. Venice Commission opinion (CDL(2022)005), para. 36. 

9   In  December  2021,  Commissioner  Reynders  wrote  to  the  Minister  of  Justice  that  the  measure  could  raise 
concerns in the light of European standards on judicial independence and autonomy of prosecutors and could 
contribute to a generalised suspicion among the public about the judiciary. In November 2021, the Supreme 
Court stated that involving the National Security Agency (part of the executive) is contrary to the principle of 
separation of powers and judicial independence. In an Opinion of 21 March 2022 (CDL(2022)005), the Venice 
Commission recommended Croatia to reconsider its approach and develop an alternative strategy to ensure 
judges’  integrity,  based  on  existing  mechanisms.  It  stated  that  security  checks  on  judges,  especially  when 
carried out by an executive body, may constitute external pressure by the executive branch. See also Statement 
by the President of the Association of Judges, October 2021. 2022 Rule of Law Report, Country Chapter on 
the rule of law situation in Croatia, pp. 6-7. 

10   Security and Intelligence Agency – SOA. 

4 

 
                                                           
only for candidates before their appointment11. On 7 February 2023, the Constitutional Court 
annulled the provisions of the Law on Courts which introduced the periodic security checks on 
judges12. The Court found that the provisions did not fulfill the requirements stemming from 
the constitutional principles of rule of law and legal certainty and disproportionately interfered 
with  the  judges’  rights13.  On  7  February  2023,  the  Constitutional  Court  also  annulled  the 
amendment to the Law on State Judicial Council, which had entered into force on 19 July 2022 
and  introduced  a  new  disciplinary  offence  in  case  an  existing  judge  would  refuse  to  give 
consent for the National Security Agency to conduct a security check14. As regards the periodic 
security checks on state attorneys, the Government prepared amendments that would remove 
them from the Law on the State Attorney’s Office and their public consultation is pending15. 
As  the  periodic  security  checks  on  judges  have  been  removed,  and  amendments  are  being 
drafted  that  would  remove  them  also  for  state  attorneys,  there  was  significant  progress 
regarding the recommendation made in the 2022 Rule of Law report.  

Concerns  about  the  integrity  of  judges  and  state  attorneys  are  being  addressed  in 
disciplinary  proceedings,  and  criminal  proceedings  in  cases  of  alleged  corruption  by 
judges are ongoing. Allegations of violations by judges of the obligation of impartiality and 
their acceptance of improper gifts have led to criminal and disciplinary proceedings regarding 
judges16. In 2022, those criminal proceedings continued, whilst the disciplinary proceedings 
were concluded, with one leading to the dismissal of a judge17. More generally, in 2022, the 
State Judicial Council maintained the pace initiated in 2021 to address the integrity concerns 
in the judiciary, particularly through disciplinary proceedings18. Furthermore, the State Judicial 
Council continued to perform its control function with regard to external activities of judges, 

11   The security checks were to be conducted every five  years, unlike before, when they were only conducted 
once – prior to the first appointment of a candidate judge or before a judge was allocated organised crime and 
corruption cases. 2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, pp. 6-8. 
12   Both  the  Supreme  Court  and  the  Association  of  Judges  seized  the  Constitutional  Court.  Judgment  of  the 
Constitutional  Court  of  7  February  2023,  U-I-2215/2022.  The  Court  expressed  doubts  whether  the  new 
security checks would be a necessary and proportionate measure to increase the low perception of the general 
public about the justice system. According to the Court, a measure that is so intrusive into the persons’ private 
life required a far more detailed regulation and a more substantiated reasoning in the explanatory memorandum 
to the law. 

13   The Court particularly noted the lack of regulation concerning the judges’ personal data, including the scope, 
methods of data collection, access to data and data security. Judgment of the Constitutional Court of 7 February 
2023, U-I-2215/2022, para. 25. 

14   Judgment  of  the  Constitutional  Court  of  7  February  2023,  U-I-5197/2022.  The  Court  provided  a  similar 

reasoning as in its judgment U-I-2215/2022. 

15   Information received from the Ministry of Justice in the context of the country visit to Croatia. 
16   2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, pp. 5-6. 
17   In July 2022, the State Judicial Council dismissed one judge and in November 2022, the Constitutional Court 
rejected the appeal against dismissal. Another judge, also implicated in the alleged criminal offences, resigned 
in May 2022. Information received from the State Judicial Council in the context of the country visit to Croatia. 
18   In 2022, 22 disciplinary proceedings were initiated (23 in 2021, 13 in 2020) and issued 16 sanctions (13 in 
2021,  1  in  2020)  including  4  dismissals,  1  conditional  dismissal,  2  fines  and  9  reprimands  (1  conditional 
dismissal,  6  fines  and  6  reprimands  in  2021).  Written  contribution  from  the  State  Judicial  Council  in  the 
context of the country visit to Croatia. 

5 

 
                                                           
as  required  by  law19.  In  2022,  the  State  Attorney’s  Council  conducted  several  disciplinary 
proceedings regarding state attorneys20. 

The electronic registers for verifying asset declarations from judges and state attorneys 
are now in use by the State Judicial Council and State Attorney’s Council. The 2022 Rule 
of Law Report found that the electronic registers (IT tools) had become operational and (in the 
case of State Judicial Council) the human resources were in place to enable the State Judicial 
Council and State Attorney’s Council to start verifying asset declarations of judges and state 
attorneys21. Improving the IT tools and resources of both Councils by the beginning of 2022 
was  a  milestone  under  Croatia’s  Recovery  and  Resilience  Plan,  which  Croatia  successfully 
fulfilled22. In 2022, the State Judicial Council employed two new officials. However, the State 
Attorney’s Council’s vacancies remain unfilled so far, and the Council does not have sufficient 
staff to continue effectively verifying asset declarations23. On 1 July 2022, the Law on the State 
Judicial  Council  and  Law  on  the  State  Attorney’s  Council  were  amended  to  introduce  an 
obligation for the tax administration to transmit data on judges’ or state attorneys’ wealth to 
the Councils when so requested24. As proposed by the President of the State Judicial Council, 
the amendment also requires the tax authority, if requested by that Council, to investigate and 

19   To be noted that the law requires judges to request permission for external activities – an unjustified omission 
could lead to disciplinary proceedings. In 2022, the State Judicial Council received 76 requests from judges 
regarding external activities, 64 of which it approved, while for the remaining, the Council found that the law 
already  allowed  judges  to  conduct  the  activities  in  question.  Information  received  from  the  State  Judicial 
Council in the context of the country visit to Croatia.  

20   In  2022,  the  State  Attorney’s  Council  initiated  one  disciplinary  proceeding,  and  issued  three  sanctions 
including  one  dismissal  and  two  reprimands.  It  also  suspended  one  state  attorney  from  duty.  Written 
contribution from the State Attorney’s Council in the context of the country visit to Croatia. In March 2023, 
the State Attorney’s Council closed disciplinary proceedings started against a former State Attorney General 
for his membership as a free mason. An earlier Council’s decision to dismiss him was quashed on appeal by 
the Supreme Court arguing that the ethical rules in place at the time of Council’s decision-making did not 
prohibit membership in such associations. 

21   In 2021, the two Councils had not yet progressed with theverification of asset declarations of judges and state 
attorneys. By February 2022, the State Judicial Council and State Attorney’s Council concluded agreements 
and were granted access to 14 online registers (concerning various types of property, e.g. movable, immovable, 
securities) in order to improve the efficiency of the process. 2022 Rule of Law Report, Country Chapter on 
the rule of law situation in Croatia, pp. 5-6.  

22   The Council adopted the Council Implementing Decision of 16 July 2021 on the approval of the assessment 
of the recovery and resilience plan for Croatia, under which the Milestone no. 214 states: ‘Electronic tools and 
adequate  administrative  capacities  shall  be  in  operation  for  the  State  Judicial  Council  […]  and  the  State 
Attorney's Council […], in order to improve the quality of the work of both Councils. Their human resources 
shall be increased by 50% compared to 2021 baseline (by recruiting at least 4 persons) and the linking the 
DSV and the DOV to the common land registry and cadastre (ZIS) and tax administration information system, 
shall be implemented in order to establish an effective mechanism for verifying the asset declarations of state 
officials’.  The  Commission  found  the  milestone  to  be  satisfactorily  fulfilled  on  10  November  2022. 
Communication to the Commission on the positive preliminary assessment of the second payment request of 
Republic of Croatia pursuant to Regulation (EU) 2021/241, C(2022)8209 final. 

23   The only official, who was verifying asset declarations resigned end 2022. Unlike the State Judicial Council, 
the State Attorney’s Council decided to recruit only persons with work experience, which may account for the 
limited interest. Information received from the State Judicial Council and the State Attorney’s Council in the 
context of the country visit to Croatia.  

24   Amended Art. 88b of the Law on the State Judicial Council and amended Art. 103 of the Law on the State 

Attorney’s Council. Input from Croatia for the 2023 Rule of Law Report, p. 5. 

6 

 
                                                           
report on the circumstances of acquisition of property by judges25. In the course of 2022, the 
two Councils began using the new IT tools and human resources to verify the asset declarations 
submitted by around 1 600 judges and 640 state attorneys. By March 2023, the State Judicial 
Council verified about 70% of all asset declarations and was working with other authories in 
charge  of  the  relevant  registers  on  resolving  some  of  the  remaining  issues26.  Similarly,  by 
March 2023, the State Attorney’s Council had verified more than 90% of asset declarations 
received from state attorneys27. 

Quality  

The  use  of  the  electronic  communication  system  was  further  increased,  and  most 
remaining courts were integrated, in an effort to address digitalisation challenges. In 2022 
the  High  Criminal  Court,  the  High  Administrative  Court,  the  Administrative  Courts,  the 
Municipal Criminal Court in Zagreb and the criminal departments of the Supreme, Country 
and Municipal Courts, were integrated into the unified ‘e-Communication’ system already used 
by all other courts28. Only misdemeanor courts are not yet included in ‘e-Communication’. In 
2022, the overall use of e-Communication with courts further increased by 50% (compared to 
2021), particularly among lawyers, companies and court experts, but there is considerable room 
for  improvement  in  the  use  by  citizens,  where  the  overall  number  of  electronic  documents 
exchanged remains very low29. Therefore, despite some positive developments, considerable 
room for improvement regarding digitalisation remains30. Efforts are under way to improve the 
integration into the electronic communication system of all court users, such as the parties and 
their  lawyers,  witnesses,  victims,  detention  facilities  or  the  police31.  Croatia  successfully 
fulfilled the milestone under the Recovery and Resilience Plan which required amending the 
Law  on  Criminal  Procedure  in  view  of  legally  allowing  the  use  of  ICT  in  criminal 
proceedings32. Electronic communication is also to be improved by adopted amendments to 

25   The  amendments  to  the  Law  on  State  Attorney’s  Council  have  not  introduced  an  equivalent  provision  in 

relation to the State Attorney’s Council. 

26   Remaining  issues  to  address  include  the  ongoing  initiative  of  the  State  Judicial  Council  to  connect  to  the 
Ministry  of  Justice’s  salary  register  for  judges  (COP),  problems  with  the  shareholder  register  (which 
sometimes only shows a person owns a single share), and with the land registry where identification issues 
exist (showing multiple persons with the same name  – due to the fact that the OIB, the  tax number, is not 
inserted for all the tax residents in Croatia). Information received from the State Judicial Council in the context 
of the country visit to Croatia. 

27   Written contribution from the State Attorney’s Council in the context of country visit to Croatia. 
28   The integration of the last remaining courts into the overarching ‘e-File’ system, whose module for electronic 
communication is called ‘e-Communication’, was achieved in 2021. Input from Croatia for the 2021 Rule of 
Law Report, p. 9, and written contribution from the Ministry of Justice in the context of the country visit to 
Croatia. 

29   The electronic communication among lawyers and companies increased by about 50% and reached nearly 3,2 
million and 1,1 million exchanged documents, respectively. However, while among the citizens the number 
of electronic documents exchanged increased four-fold, the overall volume remained very low at less than 20 
000 documents. Written contribution from Ministry of Justice and Public Administration in the context of the 
country visit to Croatia. 

30   In nearly all indicators, despite improvements when compared to 2021, the Croatian justice system remains in 

the bottom third in the EU. Figures 40-44 and 46-48, 2023 EU Justice Scoreboard. 

31   Figures 41-44 and 46, 2023 EU Justice Scoreboard.  
32   The Council adopted the Council Implementing Decision of 16 July 2021 on the approval of the assessment 
of the recovery and resilience plan for Croatia, under which the Milestone no. 216 states: ‘Amendments to the 
Criminal Procedure Act allowing the use of ICT in criminal proceedings, including the introduction of remote 

7 

 
                                                           
the Civil Procedure Act, Administrative Disputes Act and Notaries Act, which are part of the 
Croatian Recovery and Resilience plan33. In order to contribute to increasing transparency and 
consistency of case law, first steps have also been taken to increase the publication of first and 
second instance court judgments34, which remains very limited35.  

The level of remuneration of judges, state attorneys and judicial staff is being addressed, 
although concerns remain. Since 2009, the salary base of judges and state attorneys has been 
reduced in nominal terms three times and was raised in 201936. Consequently, until the middle 
of  2023,  the  salary  base  was  lower  than  in  2009  before  the  changes.  The  President  of  the 
Supreme Court raised the issue of judges’ and court staff salaries with the Minister of Justice37, 
and representatives of the judiciary raised concerns38. Due to low remuneration, particularly of 
first  instance  judges,  the  Association  of  Judges  in  May  2023  conducted  a  two-week  ‘white 
strike’,  during  which  the  participating  judges  postponed  all  but  the  urgent  hearings39. 
Legislative amendments adopted on 28 June 2023 increased the salary base of judges and state 
attorneys by 13%, which brought the salary base, when taken together with the 2019 increase, 
slightly above the 2009 level40. The amendments were agreed with representatives of judges as 

hearings, the extension of the possibility of giving on-line testimonies for victims of crime, the possibility to 
communicate with lawyers via a secure video link and the preparation of hearings for accused persons in pre-
trial  detention,  and  the  introduction  of  e-communications’.  The  Commission  found  the  milestone  to  be 
satisfactorily fulfilled on 10 November 2022. Communication to the Commission on the positive preliminary 
assessment  of  the  second  payment  request  of  Republic  of  Croatia  pursuant  to  Regulation  (EU)  2021/241, 
C(2022)8209 final..  

33   The Council adopted the Council Implementing Decision of 16 July 2021 on the approval of the assessment 
of the recovery and resilience plan for Croatia, under which the Milestone no. 218 states: 'I) Amendments to 
the  Code  of  Civil  Procedure  and  the  Administrative  Disputes  Act,  which  shall  help  to  shorten  court 
proceedings, speed up the resolution of administrative disputes, reduce the flow of cases and reduce costs […] 
III) Amendments to the Law on Notaries to modernise the business of notaries through ICT solutions […].’ 
The milestone is part of third payment request, hence it has not yet been assessed by the Commission. 

34   Figure 47, 2023 EU Justice Scoreboard. The Council adopted the Council Implementing Decision of 16 July 
2021  on  the  approval  of  the  assessment  of  the  recovery  and  resilience  plan  for  Croatia,  under  which  the 
Milestone no. 226, to be implemented by end 2024, states: ‘The new functionalities include publication of all 
first and second instance judgments on the Internet with elaborate search options and automated anonymisation 
methods that respect personal data protection rules’. A public procurement procedure is on-going to develop 
an IT solution for automatic anonymisation, publication and search of court decisions on a public portal.  

35   Figure 47, 2023 EU Justice Scoreboard. 
36   The base for calculating the salaries of judicial officials was reduced by 4.6% in 2009, by an additional 3% in 
2013, and by additional 6% in 2014. In mid-2023, the gross base salary was HRK 4,710.59 (EUR 625), while 
in 2009 it was HRK 4,873.83 (EUR 647). 

37   Supreme Court, Press release of 28 March 2023, and Press release of 17 April 2023. The Minister announced 
that the salary base for judges would be linked to an objective criterion, to prevent it being under the undue 
influence of the legislative or executive branch. 

38   European  Association  of  Judges,  Statement  of  2  June  2023,  and  European  Network  of  Councils  for  the 
Judiciary, Statement by the Executive Board on financial security in the context of judicial independence, 25 
May 2023. 

39   According to the Association of Judges, about 70% of first instance court judges participated in the strike. 
40   The amendments concern the Law on Salaries of Judges and other Judicial Officials and would raise the salary 
base to EUR 706,50 (from the previous EUR 625). In addition, the amendments include an increase in the 
coefficient for calculating the salaries of judicial officials in first-instance judicial bodies (from the current 
3,54  to  4,21).  According  to  the  Government,  these  amendments  are  the  first  phase  and  the  initial  step  in 
improving the financial position of judicial officials and the established working group, comprised of judges 
and deputy state attorneys from all levels of judicial bodies, continues to work on finding an adequate solution 
for  the  comprehensive  regulation  of  the  salary  system  of  judges  and  deputy  state  attorneys,  which  would 

8 

 
                                                           
first measures, with the expectation that additional regulatory changes should follow by end 
2023 to address the outstanding need for defining objective criteria for adjusting salaries of 
judges  and  state  attorneys,  such  as  indexation41.    The  salaries  of  Croatian  judges  and  state 
attorneys were low in 2021 when compared to the average national salary42, which has made 
working in the justice system less attractive, as highlighted by representatives of the judiciary43. 
This  has  also  been  reflected  in  the  increased  number  of  resignations,  as  pointed  out  by  the 
Ombudsperson44.  In  2022,  49  judges  requested  to  be  released  from  duty,  a  35%  increase 
compared to 2021 and the highest number in last few years45. The situation regarding judicial 
staff has also presented a challenge, as due to the low attractiveness of the positions there has 
been a continuous outflow of people and lack of interest in the vacancies, which sometimes 
threatens  the  normal  functioning  of  courts  and  state  attorney’s  offices46.  In  2022,  the 
remuneration of judicial staff increased by 5 p.p. Due to the low remuneration, the trade union 
representing judicial staff on 5 June 2023 began a strike47. On 15 June 2023, the Government 
agreed to a temporary increase of the judicial staff’s salaries, applicable from June 2023 until 
a systemic solution is found in the context of the ongoing reform of the law governing public 
officials’ salaries,48. Considering the situation and developments, the level of salaries of judges, 
state attorneys, and judicial staff are being addressed, although concerns remain. According to 
Council of Europe recommendations, judges’ remuneration should be commensurate with their 
profession  and  responsibilities  and  be  sufficient  to  shield  them  from  inducement  aimed  at 
influencing  their  decisions49.  The  Venice  Commission  has  also  stated  that  a  sufficient 
remuneration is necessary to reduce the danger of corruption of prosecutors50.  

include the indexation of the salary base and the introduction of salary grades for judicial officials in first-
instance judicial bodies, as  well as other material rights of judicial officials.  Written contribution from the 
Ministry of Justice and Public Administration in the context of country visit to Croatia. 
41   Written contribution from the Association of judges in the context of country visit to Croatia. 
42   Figure 34, 2023 EU Justice Scoreboard. 
43   Information received from the Association of Judges, State Judicial Council, State Attorney’s Office and the 

State Attorney’s Council in the context of the country visit to Croatia. 

44   People’s Ombudsperson, 2022 Report, p. 128. 
45   In 2021, 32 judges requested to be released from duty (20 in 2020, 32 in 2019). State Judicial Council, Reports 

for 2022 and 2021. 

46   Information received from the Supreme Court and State Attorney’s Office, and written contribution from the 
Trade union of state and local officials and employees in the context of the country visit to Croatia. According 
to the Trade union, the base salary of judicial staff remained unchanged from 2009 until 2017, since when it 
increased by 33 p.p. 

47   On 19 June 2023, the Supreme Court confirmed the County court decision that the strike of judicial staff is 

legal. 

48   The temporary increase adopted in a Government Decision increased the salaries of 7 272 out of 7 554 judicial 
staff in courts and state attorney’s offices in the amount between EUR 60  to EUR 100. Ministry of Justice, 
Press release: Ministry continues to work towards a comprehensive solution for the salary system, of 20 June 
2023. 

49   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 54, and 
Court of Justice of the European Union, judgment of 27 February 2018, C-64/16, Associação Sindical dos 
Juízes Portugueses, para. 45, ‘Like the protection against removal from office of the members of the body 
concerned […], the receipt by those members of a level of remuneration commensurate with the importance 
of the functions they carry out constitutes a guarantee essential to judicial independence’. 

50   Venice  Commission,  Independence  of  the  Judicial  System,  Part  II:  The  Prosecution  Service,  CDL-

AD(2010)040, para. 69. 

9 

 
                                                           
The  communication  about  the  work  of  the  judiciary  could  be  improved,  as  also 
recommended by the People’s Ombudsperson. Since 2016, the level of perceived judicial 
independence in Croatia has remained very low both among the general public and companies. 
While significant efficiency and quality issues in the justice system remain, there have been 
improvements in a number of areas, which have not yet led to an improved perception51. Most 
courts have dedicated staff for communicating with the public, but press events to present the 
regular  work  of  courts  and  state  attorney’s  offices  are  not  common.  The  People’s 
Ombudsperson repeated its recommendation that the Justice Academy should, in cooperation 
with  the  media,  conduct  training  of  journalists  on  the  work  of  the  judiciary52.  The 
Ombudsperson  stressed  that  in  addition  to  courts’  press  releases,  more  structured 
communication  with  the  media  could  contribute  to  the  delivery  of  accurate  and  complete 
information to the public.  

Efficiency 

The  overall  number  of  pending  cases  was  reduced,  while  the  length  of  trials  mostly 
increased.  According  to  the  2023  EU  Justice  Scoreboard,  the  backlogs  and  length  of 
proceedings remain among the most considerable in the EU53. In 2022, the average length of 
proceedings in the first instance courts remained among the longest in the EU and increased to 
1 187 days in litigious commercial cases (1 000 in 2021), 709 days in litigious civil cases (673 
in 2021), and to 1 054 days in criminal cases at Municipal courts (765 in 2021), while they 
decreased to 965 days in criminal cases at County courts (982 in 2020)54. The administrative 
courts at all instances55 and the second instance civil and commercial courts56 mostly continued 
to function efficiently. The Supreme Court saw a large decrease in pending cases, although the 
average length of case processing increased57. In 2022, the total number of pending cases in 

51   For example, in  some jurisdictions, there are  systematic public communication efforts  with different court 
users  through  means  of  dedicated  judges  and  prosecutors  tasked  with  communicating  with  the  public  and 
presenting  how  the  justice  system  operates  –  outside  the  more  mediatic  court  cases  that  are  usually  well 
covered by the media. 

52   People’s Ombudsperson, 2022 Report, p. 128. 
53   Figures 6-15, and 23, 2023 EU Justice Scoreboard. 
54   Written contribution from the Ministry of Justice and Public Administration in the context of the country visit 

to Croatia.  

55   In 2022, in first instance administrative courts pending cases further decreased by 14% (compared to 2021) 
and  average  length  slightly  increased  to  195  days  (170  in  2021).  At  second  instance  High  Administrative 
Court, the pending cases in 2022 increased by 25% but average length of trials decreased to 157 days (190 in 
2021).  Written  contribution  from  the  Ministry  of  Justice  and  Public  Administration  in  the  context  of  the 
country visit to Croatia. 

56   At County Courts as second instance, litigious civil cases took 170 days on average (166 in 2021), and criminal 
took  103  days  (91  in  2021),  but  pending  cases  in  2022  increased  in  both  categories,  by  8%  and  28%, 
respectively. At the High Commercial Court, litigious commercial cases took 217 days on average (209 in 
2021)  and  pending  cases  in  2022  further  decreased  by  16%,  reaching  a  historically  low  level.  Written 
contribution  from  the  Ministry  of  Justice  and  Public  Administration  in  the  context  of  the  country  visit  to 
Croatia. 

57   In 2022, pending civil cases decreased by 22% (mostly due to a further increase in resolved cases) and criminal 
by 59% (compared to 2021), mostly due to the creation of the new High Criminal Court, which took over the 
criminal appeals from 2021 onwards. Average length of case processing increased to 607 in civil cases (560 
in 2021) and to 319 in criminal cases (257 in 2021). Written contribution from the Ministry of Justice in the 
context of the country visit to Croatia. 

10 

 
                                                           
the justice system decreased by 11% (to around 414 000 pending cases, compared to 2021)58. 
At first instance courts, backlogs decreased by 21% in litigious civil and commercial cases, 
mostly due to a large decrease in incoming cases, combined with a further increase in resolved 
civil cases, but stagnated in criminal cases.  

II. 

ANTI-CORRUPTION FRAMEWORK  

The Ministry of Justice and Public Administration is the central corruption prevention body, 
with  a  dedicated  Sector  for  Preventing  Corruption.  The  Council  for  the  Prevention  of 
Corruption59 and the National Council for Monitoring the Implementation of the Strategy for 
Combating Corruption report to the Parliament twice a year. There is a specialised National 
Police Office for the Suppression of Corruption and Organised Crime (PNUSKOK), as well as 
a prosecutor’s Office for the Suppression of Corruption and Organised Crime (USKOK), who 
bring  coruption  and  organised  crime  cases  in  first  instance  county  courts  in  Zagreb,  Split, 
Osijek and Rijeka, with the High Criminal Court acting as the appellate court for these cases. 
The Commission for the Resolution of Conflicts of Interest (CRC) has competences to prevent 
corruption  and  strengthen  the  integrity  of  public  office,  such  as  the  supervision  of  asset 
declarations.  The  State  Commission  on  Control  of  Public  Procurement  Procedures  is  an 
independent  tribunal  responsible  for  reviewing  appeals  regarding  public  procurements.  The 
People’s Ombudsperson is managing reports made by whistleblowers.  

The perception among experts and business executives is that the level of corruption in 
the public sector remains high. In the 2022 Corruption Perceptions Index by Transparency 
International, Croatia scores 50/100, ranks 24th in the European Union and 57th globally60. This 
perception  remained  relatively  stable61  over  the  past  five  years.  The  2023  Special 
Eurobarometer  on  Corruption  shows  that  96%  of  respondents  consider  corruption  to  be 
widespread in their country (EU average 70%) and 54% of respondents feel personally affected 
by  corruption  in  their  daily  lives  (EU  average  24%)62.  As  regards  businesses,  92%  of 
companies consider that corruption is widespread (EU average 65%) and 57% consider that 
corruption  is  a  problem  when  doing  business  (EU  average  35%)63.  Furthermore,  23%  of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 

58   Information received from the Ministry of Justice and Public Administration in the context of the country visit 

to Croatia. 

59   A  government  advisory  body  composed  of  representatives  of  public  institutions  and  non-governmental 
organisations. It is mandated to monitor the implementation of Action plans, with the assistance of the Sector 
for Preventing Corruption of the Ministry of Justice and Administration. 

60   Transparency International (2023), Corruption Perceptions Index 2022. The level of perceived corruption is 
categorised as follows: low (the perception among experts and business executives of public sector corruption 
scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), high (scores 
below 50). 

61   In 2018, the score was 48, while in 2022, the score was 47. The score significantly increases/decreases when 
it  changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

62   Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

63   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

11 

 
                                                           
practices  (EU  average  32%)64,  while  17%  of  companies  believe  that  people  and  businesses 
caught for bribing a senior official are appropriately punished (EU average 30%)65.   

The first action plan for 2022-2024 under the Anti-Corruption Strategy was adopted. The 
Strategy  for  the  Prevention  of  Corruption  2021-2030  lists  95  measures  to  achieve  five 
objectives and will be complemented by three-year plans. The first action plan, covering the 
period  2022-202466 was  adopted  in  July  2022  and  contains  206  concrete  actions  in  specific 
sectoral  priority areas,  ranging from  reducing  the risk of corruption in  the allocation of EU 
funds, public procurement and other priority sectors such as law enforcement and transport67. 
For  instance,  Croatian  authorities  saw  the  need  to  modernise  the  payment  of  fines  by 
abandoning  the  practice  of  paying  fines  directly  in  cash  to  police  officers,  which  was 
recognised as a corruption risk in police work. As of 1 July 2022, Croatia shifted to the non-
cash  recovery  of  fines  via  digital  devices  in  the  police68.  The  Ministry  of  Justice  and 
Administration will draw up annual implementation reports for the action plan, which will be 
validated by the Council for the Prevention of Corruption and, following acceptance by the 
Government, published on the official website of the Ministry of Justice and Administration69.  

Croatia committed to taking legislative action on bribery of foreign public officials. The 
negotiation process for accession by Croatia to the Organisation for Economic Co-operation 
and Development (OECD) started in January 202270. Within that framework, Croatia aims to 
accede  to  the  OECD  Anti-Bribery  Convention71  and  its  Working  Group.  According  to  the 
OECD, enforcement against legal persons for bribery offences is lacking and Croatia has yet 
to  investigate  a  transnational  bribery  case72. In  March  202373,  Croatia  committed  to  take 
legislative action by September 2023 to better cover foreign public officials in the scope of the 
bribery offence, expand liability for legal persons and to increase the fine for legal persons that 
is currently at a maximum of EUR 1,3 million. By the end of September 2023, there also should 
be an explicit legal provision preventing the tax deductability of bribes.  

The  investigation  of  high-level  corruption  continued,  and  the  overall  number  of 
indictments and judgments increased. The specialised anti-corruption police (PNUSKOK) 
and  prosecution  (USKOK)  continue  to  report  that  the  cooperation  in  investigating  and 
prosecuting corruption offences is working well, also with the EPPO74. The 2022 Report of the 

64   Special Eurobarometer 534 on Corruption (2023).  
65   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  
66   Decision to adopt an Action Plan for 2022-2024 accompanying the Anti-Corruption Strategy for 2021-2030, 

OG No 88/2022. 

67  Input from Croatia for the 2023 Rule of Law Report, p. 17. 
68  Input from Croatia for the 2023 Rule of Law Report, p. 21. By July 2022, 600 devices were purchased for this 

purpose and deployed to police administrations across Croatia. 

69  Input from Croatia for the 2023 Rule of Law Report, p. 19. 
70  Input from Croatia for the 2023 Rule of Law Report, p. 23. 
71  OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transaction. 
72   OECD (2023 Croatia: Accession to the Anti-Bribery Convention, Full Assessment Report, DAF/WGB(2023) 

p. 15-18. 

73  Idem, p. 11 and OECD (2022), Fighting Transnational Bribery in Croatia: Assessment of Legal and Policy 

Frameworks, OECD Publishing, Paris.  

74   Information  received  in  the  context  of  the  country  visit  to  Croatia  from  PNUSKOK  and  USKOK,  AND 

Contribution from EPPO for the 2023 Rule of Law Report. 

12 

 
 
                                                           
 
State Attorney’s Office75 shows that while the number of criminal notifications on corruption 
decreased76,  the  number  of  investigations  remained  relatively  stable77.  As  in  2021,  the  vast 
majority of the criminal notifications in 2022 were dismissed as they were usually made by 
citizens and concerned the alleged abuse of functions by public officials78. In 2022, the State 
Attorney’s Office initiated 178 indictments for corruption, which is significantly higher than 
in  2021  (69  in  2021,  84  in  2020,  109  in  2019).  In  the  same  period,  the  Courts  delivered 
judgments regarding 182 persons, which is a significantly higher number compared to 67 in 
2021 (or 92 in 2020)79. In 2022, 1 187 corruption offences were reported by PNUSKOK to the 
USKOK (912 in 2021)80. Most of these concerned the criminal offence of abuse of position 
and authority (68%) and the criminal offence of accepting bribes (24%)81. 2022 saw a number 
of high-level corruption cases, including for the first time a sitting minister82. USKOK indicted 
persons in alleged criminal offences involving the energy companies INA (involving damage 
of  EUR  133  million)  and  JANAF83.  The  National  Council  for  Monitoring  Anti-corruption 
Strategy  Implementation  held  a  session  to  discuss  the  INA  affair  and  heard  11  invitees. 
However, the Committee on the Constitution, Standing Orders and Political System declared 
that the public hearing is unlawful as this concerns an ongoing judicial procedure. Following 
this, the invited members of the Government did not participate84.   

The excessive length of investigation, prosecution and adjudication of corruption offences 
continued  to  undermine  the  effectiveness  of  the  anti-corruption  system.  As  in  previous 

75   State Attorney’s Office, Report for 2022, section 12.8. 
76   In  2022,  the  State  Attorney’s  Office  received  criminal  notifications  regarding  1  165  alleged  suspects  of 
corruption offences, representing 61% of the total criminal notifications received by USKOK (down from 1 
366 in 2021 and 1 271 in 2020). This shows about 15% decrease in the number of alleged suspects compared 
to 2021.  

77   In 2022, investigations were opened concerning 130 persons, compared to 135 in 2021, 108 in 2020 and 142 

in 2019. 

78 To be noted that in 2022, 88% of these criminal complaints were dismissed, while in 11% a decision was made 
to open an investigation (concerning 130 suspects), which are percentages similar to 2021 (90% dismissed, 
and in 10% investigation was opened). 

79   Out  of  the  182  final  judgments  in  2022,  153  were  convictions  for  corruption  (i.e.  conviction  rate  of  84%, 
compared to 88% in 2021 and 85% in 2020). As regards the sanctions for corruption offences, 65 persons 
received jail sentences (36 in 2021, and 31 in 2020; out of 65 convictions in 2022, for 24 persons jail sentence 
was changed into work for the public good)) and 87 conditional sentences (19 in 2021 and 47 in 2020). 
80  The statistics in PNUSKOK count criminal offences, not number of cases or suspects. A single suspect may 
have  committed  several  offences.  Information  received  in  the  context  of  the  country  visit  to  Croatia  from 
PNUSKOK. 

81   Information received in the context of the country visit to Croatia from PNUSKOK. PNUSKOK distinguishes 
8 corruption offences. It reports a trend of corruption offences occurring during the implementation of public 
procurement procedures, by favouring certain companies and individuals of responsible persons in commercial 
companies that are partly owned by Croatia, as well as of in state authorities and regional and local (regional) 
self-government units.  

82   Moreover, one of the defendants was the current Deputy Prime Minister and another a former Minister (see 

input received from Croatia for the 2023 Rule of Law Report, p.23).  

83  Information  received  in  the  context  of  the  country  visit  to  Croatia  from  USKOK.  According  to  written 
contribution  from  the  Ministry  of  Justice  and  Public  Administration  in  the  context  of  the  country  visit  to 
Croatia, there are no specific measures taken to address corruption risks in the energy sector. By contrast, good 
results have been achieved with specific measures in the area of  transport and water infrastructure such as 
increased transparency of the awarding of grants and subsidies, as well as strengthened inspection activities. 
84  Information received in the context of the country visit to Croatia from the National Council for Monitoring 

Anti-corruption Strategy Implementation.  

13 

 
                                                           
years85, the proceedings in corruption cases incurred much delay86. This affects trust of citizens 
in the ability of the institutions to tackle this form of corruption87. Some stakeholders suggest 
that excessive length of proceedings fuels public perception that enforcement is selective and 
focused on low-level corruption88. Croatia’s Recovery and Resilience Plan contains a target 
which  requires  Croatia  to  reduce  the  average  length  of  court  cases  (i.e.,  adjudication)  for 
corruption and organised crime offences by end June 202689. The length of investigations and 
prosecutions  could  also  be  improved  by  better  regulation  and  more  resources.  In  2022,  the 
length of investigations led by the state attorneys in USKOK slightly increased. In only about 
25% of USKOK cases90, the investigation was finished within six months or sooner, which is 
a decrease compared to previous years (35% in 2021 and 28% in 2020). In about 29% of cases, 
the investigation lasted up to one year (40% in 2021 and 35% in 2020), while in the remaining 
46% of cases, the investigation lasted up to 18 month or above, which shows that significantly 
more investigations were long compared to the past years (25% in 2021 and 35% in 2020)91.  
As noted in the 2022 Rule of Law Report92, the Anti-Corruption Strategy envisages revisions 
to the Criminal Procedure Code and the Law on the USKOK, as well as increasing the capacity 
of  the  specialised  prosecution,  also  with  a  view  of  ensuring  the  completion  of  proceedings 
within a reasonable timeframe93. The authorities have informed that working groups have been 
set up to prepare draft legislation, but the timeline for the delivery of this legislation is yet to 
be determined94. 

Anti-corruption  police  and  prosecution  are  optimising  their  limited  human  resources. 
Both USKOK and the State Attorney’s Office are facing difficulties finding sufficient  staff, 
with the State Attorney’s Office operating with only 52 out of the 82 positions filled95. Low 
remuneration  and  high  workload  are  reported  as  being  the  biggest  challenges  to  attract  and 

85   2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 13 and 2021 Rule of Law 

Report, Country Chapter on the rule of law situation in Croatia, p. 11. 

86   See the efficiency data under Justice system/Efficiency.  To be noted that according to the 2023 EU Justice 
Scoreboard, the average length of first instance court proceedings when dealing with bribery cases was second 
longest in the EU (632 days in 2021). 

87   See for instance: Dešković, M (2021), Stigla Odluka, The High Criminal Court rejected the defence request 

in the Mamić case: Trial continues in Osijek.  

88   As mentioned in OECD (2022), Fighting Transnational Bribery in Croatia: Assessment of Legal and Policy 

Frameworks, OECD Publishing, Paris, p. 8.  

89   The Council adopted the Council Implementing Decision of 16 July 2021 on the approval of the assessment 
of the recovery and resilience plan for Croatia, under which the Milestone no. 238 states: ‘Reduction by 200 
days of the average length of court cases for corruption and organised crime offences compared to 1Q/2021 
(999 days).’. 

90   Whereas  USKOK  is  competent  in  corruption  and  organised  crime,  the  vast  majority  of  its  cases  concern 
corruption offences. Of the criminal reports received in 2022, 54% concern abuse of office and 13% bribery. 
Organised crime concerns 14% and drugs 3%. There are no data available that differentiate according to crime.  

91   State Attorney’s Office, 2022 Report, p. 171. 
92   2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 13. 
93   Ibidem.  
94   Information received in the context of the country visit to Croatia from the Ministry of Justice and Public 
   Administration. 
95  The USKOK capacity remains at 34 deputy prosecutors with 29 positions filled. USKOK operated in the first 
half of 2023 with a capacity of 27  - 30 out of 34 available posts for deputy prosecutor.  USKOK has most 
problems filling the open posts for administrative support with only 46 out of 87 occupied. The monthly salary 
is less than EUR 700. They operated at capacity of 27 to 30 out of 34 available posts for deputy prosecutor.  

14 

 
                                                           
retain staff96. PNUSKOK only has limited capacity to collect evidence but expects to acquire 
technical equipment to help with digital forensics in 202397. USKOK submitted that efficiency 
gains  could  also  be  made  by  improving  coordination  and  planning  of  court  hearings98.  In 
December  2022,  USKOK  signed  an  agreement  with  the  Tax  Administration  to  deepen 
cooperation between the two institutions, granting USKOK direct access to certain databases 
of the Tax Administration99.  

The resources of the Commission for the Resolution of Conflicts of Interest (CRC) have 
been increased, while practical difficulties with the verification of assets remain. The Law 
on the Prevention of Conflicts of Interest, which came into force on 25 December 2021100, has 
shown  first  beneficial  effects  on  the  transparency  and  integrity  of  the  public  sector.  The 
obligation to declare conflicts of interests is proving to be effective101. The CRC’s resources 
have been increased, in order to align them with its increased responsibilities under the new 
law102. Accordingly, in 2022, the CRC provided 706 opinions to public officials, which is a 
threefold increase compared to 2021103. The CRC stated that the requirement in the law for all 
4 000 obliged entities to declare their assets once a year in January does not necessarily lead to 

96  Information  received  from  USKOK  and  the  State  Attorney’s  Office  in  the  context  of  the  country  visit  to 

Croatia.  

97  Information received from PNUSKOK in the context of the country visit to Croatia. According to input from 
Croatia  for  the  2023  Rule  of  Law  Report,  the  Criminal  Police  Directorate,  within  which  PNUSKOK  also 
operates, continuously acquires equipment for digital forensics in order to be able to carry out the ordered 
evidentiary actions within the framework of criminal investigations. 

98   Information  received  from  USKOK  in  the  context  of  the  country  visit  to  Croatia.  Plea  bargains  are  also 
mentioned by USKOK as a way to decrease the workload, but it should be noted that 65% of cases already 
result in out of court settlements. 

99   Input from  Croatia for the 2023 Rule of  Law  Report,  p. 15 and information received from  USKOK in the 
context  of  the  country  visit  to  Croatia,  the  Tax  Administration  trained  and  is  now  hosting  financial 
investigators from USKOK who can directly access the databases of the Tax Administration with data to which 
they  previously  only  had  indirect  access.  The  EPPO  is  negotiating  a  similar  arrangement  with  the  Tax 
Administration and  concluded  a  working  arrangement  with  the  Ministry  of  Interior  in  October  2022  to 
strengthen cooperation and to grant direct access to data contained in the Ministry's records, written input from 
the EPPO for the 2023 Rule of Law Report.  

100  Law on the Prevention of Conflict of Interest, OG No 143/21. Adoption of the new Law on the Prevention of 
Conflict  of  Interest  is  a  Milestone  (no.  232)  within  the  Croatian  Recovery  and  Resilience  Plan  which  the 
Commission found to be satisfactorily fulfilled on 10 May 2022. Communication to the Commission on the 
positive preliminary assessment of the first payment request of Republic of Croatia pursuant to Regulation 
(EU) 2021/241, C(2022)3120 final. 

101  This is evidenced for instance in three cases where the Commission for the Resolution of Conflicts of Interests 
treated as a potential conflict the case of a Parliamentarian voting in favour of his or her appointment as a 
Minister.  Information  received  in  the  context  of  the  country  visit  to  Croatia  from  the  Commission  for  the 
Resolution of Conflicts of Interest.  

102  Input from Croatia for the 2023 Rule of Law Report, pp. 14-15; information received in the context of the 
country visit to Croatia from the Commission for the Resolution of Conflicts of Interest; 2022 Rule of Law 
Report,  Country  Chapter  on  the  rule  of  law  situation  in  Croatia,  p.  14.  The  Commission  continues  to  be 
composed of 5 members, while the number of officials has increased in 2022 from 14 to 17 officials with 5 
more to be recruited before end 2024. The budget for 2021 was EUR 860.000, for 2022 EUR 1.2 million and 
for 2023 EUR1.3 million.  

103  Information received in the context of the country visit to Croatia from the Commission for the Resolution of 
Conflicts of Interest. In 2022, the Commission made 56 decisions to initiate procedures, 51 decisions not to 
initiate a procedure, 59 final decisions.  

15 

 
                                                           
more useful information104, but is instead putting a serious strain on its resources. A new IT 
tool will help officials declare their assets, particularly by prompting/pre-filling data that the 
Government already has, such as tax and land registry data105. Difficulties remain as regards 
the  verification  of  declarations  by  the  CRC.  Most  notably,  the  CRC  cannot  access  bank 
accounts  or  oblige  private  entities  to  submit  information106.  As  a  result,  the  CRC  still 
encounters practical difficulties to perform the regular checks required by law. The CRC is also 
tasked with supervising the obligation of municipal council members to declare shareholdings 
in  companies (if above 5%).  In practice, it has proven to  be difficult  for the CRC to  verify 
whether declarations are made, as these are not made to the CRC, but to local councils. Even 
where the CRC would detect non-compliance, it lacks the power to investigate and impose a 
sanction, thereby preventing the CRC from carrying out its supervisory task efficiently 107. The 
asset declarations of judges and prosecutors are being verified by the State Judicial and State 
Attorney’s Council108.  

Codes  of  Conduct  were  adopted  for  members  of  Parliament  and  almost  all  local  and 
regional administrations have introduced them too. Parliament adopted a Code of Ethics 
for its members, which is in force since 10 December 2022109 and contains provisions on the 
prevention of conflicts of interest of members’ private and public interests and their interactions 
with citizens and the media. The implementation of the Code is monitored internally by the 
Committee  on  the  Constitution,  Rules  of  Procedure  and  Political  System.  Violations  of  the 
Code  are  not  subject  to  sanctions110.  As  regards  the  Code  of  Conduct  for  State  Officials  in 
Executive Bodies, which was adopted in May 2022111, the Implementation Council can provide 
its opinion on compliance with the Code at the request of the official, its immediate superior, 

104 This is because those entities already have to declare assets when taking up duties, ending duties and one year 
thereafter. Information received in the context of the country visit to Croatia from the Commission for the 
Resolution of Conflicts of Interest. 

105  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 15; Council Implementing 
Decision on the approval of the assessment of the recovery and resilience plan for Croatia, Milestone no. 241, 
of 16 July 2021.  

106  Public bodies are required to submit information upon request from the Commission for the  Resolution of 
Conflicts of Interest, and they always do so, according to information received from the Commission for the 
Resolution  of  Conflicts  of  Interest  in  the  context  of  country  visit  to  Croatia.  Measures  can  be  taken  if  the 
authorities demonstrate that there is unexplained wealth, i.e. a discrepancy between the lawful income and 
actual property, which is difficult to establish without access to the bank information.  

107  Information received in the context of the country visit to Croatia from the Commission for the Resolution of 

Conflicts of Interest.  

108  See above, section Independence/Justice system in this chapter. See also GRECO Fourth Evaluation Round – 

Second Addendum to the Second Compliance Report, recommendation vii. and xi, para. 20. 

109 The Code of Ethics for Members of the Croatian Parliament, OG No 140/22. Adoption of a code of ethics for 
parliamentarians and a code of ethics for officials in the executive is a Milestone (no. 234) within the Croatian 
Recovery and Resilience Plan. The milestone is due to be completed by the end of 2023, hence it has not yet 
been assessed by the Commission. 

110  Input from Croatia for the 2023 Rule of Law Report, p. 20. 
111  Code of Conduct for State Officials in Executive Bodies, OG no. 54/2022. This was adopted in May 2022, see 
2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 15. The Code applies to 
the members of the Government and other officials in the Croatian executive bodies, notably: the head of the 
Office  of  the  Prime  Minister  of  the  Republic  of  Croatia,  heads  of  the  State  administrative  organizations, 
Secretaries of State, Director of the Federal of the Police, Chief Treasurer, Director of the Tax Administration, 
Director of the Customs, Secretary General of the Government of the Republic of Croatia, Spokesperson of 
the Government of the Republic of Croatia, Deputy Head of the Office of the Prime Minister of the Republic 
of Croatia and the Deputy Secretary General of the Government of the Republic of Croatia. 

16 

 
                                                           
or at the request of the Office of the Prime Minister112. It should be noted that special advisers 
to the ministers or the Government do not fall within the scope of that code, as they are not 
employed as public officials113. The Codes of Conduct for State Officials in Executive Bodies 
and Parliament on the one hand, and of the Law on the prevention of conflicts of interests on 
the other hand (enforceable with sanctions by the CRC), apply in parallel. The CRC remains 
the body in charge in relation to conflicts of interests and can open a case at any time, although 
there is a risk of diverging application of the respective codes114. The Ministry of Interior is 
still developing a new Code of Ethics for Police Officers to replace the existing one115, with no 
date  for  adoption  announced116.  Finally,  as  regards  the  obligation  of  local  and  regional 
representative  bodies  to  adopt  codes  of  conduct  by  June  2022  under  the  new  Law  on  the 
Prevention of Conflict of Interest, by June 2023, the competent Ministry of Justice and Public 
Administration received 571 Codes out of 576 local and regional representative bodies117.  

Some progress has been made regarding the introduction of comprehensive legislation in 
the area of lobbying. The 2022 Rule of Law Report recommended to Croatia to ‘introduce 
comprehensive  legislation  in  the  area  of  lobbying,  including  on  persons  with  top  executive 
positions, and set up a public register of lobbyists’118. A draft proposal for a Lobbying Law 
remains under preparation since 2021, and is expected to regulate lobbying, the organisation, 
content  and  manner  of  keeping  a  lobby  register,  the  obligation  to  report  on  lobbying, 
restrictions on lobby activities, penalties for violations of the law and other lobbying issues. To 
date, six meetings of the dedicated working group have been held, with the initial intention to 

112 The council members were appointed in January 2023 and consist of five members, out of which  two come 
from the executive branch and two are publicly recognized experts in the field of prevention of corruption and 
ethics in the public sector (external members) and one is a senior civil servant (not an official) from a state 
executive body whose competences include prevention of corruption or ethics. 

113  Input from Croatia for the 2023 Rule of Law Report, p. 19 and information received from the Ministry of 
Justice and Public Administration in the context of the country visit to Croatia. In July 2022, the Law on the 
Government of the Republic of Croatia was amended to require special advisers of the Prime Minister and 
Ministers to declare their interests and impartiality at the time of their appointment (to be published on the 
Government’s website within 14 days of their appointment). In the event of the occurrence of circumstances 
that  violate or could violate the impartiality of a  special adviser or represent the existence of a conflict of 
interest or a possible conflict of interest, the special adviser is obliged to report it without delay to the Prime 
Minister or another member of the Government for whom he/she performs advisory work. Considering the 
important function of these special advisors vis-a-vis Ministers, it remains to be seen whether it is appropriate 
that they are bound by more lenient transparency rules than public officials.  

114  In the contribution for the 2023 Rule of Law  Report, GONG argues that the creation of the internal bodies 
shifts the responsibility from the Commission for the Resolution of Conflicts of Interest to the more executive 
bodies. There has so far been no experience-sharing between the CRC, and the Government’s Implementation 
Council and the parliamentary committee. 

115  GRECO  (2019)  Fifth  Evaluation  Round  -  Evaluation  Report,  rec  xiii,  para  118  and  GRECO  (2021)  Fifth 
Evaluation Round - Compliance Report, rec xiii, para 47. Croatia already reported in the previous review that 
it was developing the code, see Rule of Law Report 2022, p. 15. 

116  Information received in the context of the country visit to Croatia from the Ministry of Interior.  
117  The code of ethics has not yet been adopted by 5 local bodies. 
118  2022  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Croatia,  p.  2.  The  lack  of  a 
comprehensive legislation in the area of lobbying has been raised in past Reports. 2020 Rule of Law Report, 
Country Chapter on the rule of law situation in Croatia, p. 11, and in the 2021 Rule of Law Report, Country 
Chapter  on  the  rule  of  law  situation  in  Croatia,  p.  14.  See  also  GRECO  (2021)  Fifth  Evaluation  Round  - 
Compliance Report, rec. v, para 23. 

17 

 
                                                           
present  the draft  Law by the end of 2022119 . On 16 June 2023, a draft  Lobbying  Law was 
submitted for public consultation, which aims to regulate lobbying covering any person elected, 
appointed,  employed  or  otherwise  engaged  as  an  official,  special  adviser  or  servant  in 
legislative,  executive,  state  administration  or  local  or  regional  self-government  bodies.  It 
includes  rules  on  the  organisation,  content  and  manner  of  keeping  a  lobby  register,  the 
obligation  to  report  on  lobbying,  restrictions  on  lobby  activities  and  the  verification  and 
enforcement of the rules120. Therefore, there has been some progress on the implementation of 
the recommendation made in the 2022 Rule of Law Report. 

The State Electoral Commission and State Audit Office encountered some irregularities 
in the implementation of political party financing rules.  Political actors121 are obliged to 
submit their financial reports, which are made available online on the web page of the State 
Electoral Commission122. The State Electoral Commission informed the State Attorney's Office 
in 2021 of 248 cases where political actors failed to provide an annual financial account (194 
in 2020), and it decided in 72 cases to temporarily suspend the payment of financing (40 in 
2020)123.  The  State  Audit  Office  carried  out  in  2022  financial  audits  of  53  political  parties 
(eight more than the previous year) and five independent representatives over 2021, for which 
it  issued  420  recommendations  regarding  irregularities124.  Less  than  half  of  the  previous 
recommendations have been implemented125. 

Whistleblowers reported more irregularities to the People’s Ombudsperson as a result of 
new legislation on the Protection of Reporters of Irregularities126. The revised law, which 
entered into force on 23 April 2022, prohibits any form of retaliation against whistleblowers, 
whereby the burden of proof is on the persons or organisations to show that their action is not 
retaliation  against the whistleblower 127. The amended law further enables persons to  report 
irregularities either directly to the Ombudsperson or after having previously reported them to 
dedicated internal channels. As a result, in 2022 there was a 60% increase in the number of 
external reports compared to 2021 (59 in 2022, 32 in 2021) while the number of internal reports 
decreased by 23% (37 in 2022, 48 in 2021). The capacity of the Ombudsperson was reinforced, 
with five new public servants working on whistleblowing since August 2022.128 Croatia further 
plans to implement a national media campaign by the end of 2023 to raise awareness of the 

119  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 16; Information received 

in the context of the country visit to Croatia from the Ministry of Justice and Public Administration.  

120  Input from Croatia for the 2023 Rule of Law Report. 
121 Political actors are political parties, independent representatives and members of representative bodies of local 

and regional self-government units elected from a list of a group of voters. 

122 2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 16- 17. 
123  Annual reports of 2020 and 2021 of the State Electoral Commission, published in January 2022 and January 

2023. 

124 The State Audit Office informs the State Attorney's Office and submits all documentation on all established 

violations of the Law. 

125 Information received from the State Audit Office in the context of the country visit to Croatia. 
126 Act on the Protection of Reporters of Irregularities, OG No 46/22. Adoption of amendments to the Act on the 
protection  of  persons  reporting  irregularities  is  a  Milestone  (no.  233)  within  the  Croatian  Recovery  and 
Resilience Plan. The  milestone is part of third payment request,  hence it has  not  yet been assessed by the 
Commission. 

127  Input from Croatia for the 2023 Rule of Law Report, p. 21. 
128  However,  according  to  information  received  from  the  Ombudsperson  in  the  context  of  the  country  visit  to 
Croatia, additional requests for a dedicated deputy Ombudsperson for whistleblowing was not realised. 

18 

 
                                                           
harmfulness of corruption and to inform the general public about the possibilities and need to 
report irregularities129. 

The capacity of the State Commission for Supervision of Public Procurement Procedures 
is  planned to be strenghtened.  The Flash  Eurobarometer on Businesses’ attitudes towards 
corruption in the EU shows that 26% of companies in Croatia (EU average 26%) think that 
corruption has prevented them from winning a public tender or a public procurement contract 
in practice in the last three years130. On 24 May 2022, the State Commission for Supervision 
of Public Procurement Procedures adopted its Code of Ethics to codify existing practices and 
prevent potential conflicts of interest among its members131. In 2022, the State Commission 
received 885 appeals (requests for review before the State Commission), a decrease compared 
to 2021 (1 157 appeals)132. In 2022, the State Commission reviewed 4,75% of the total number 
of public procurement procedures, which represents a significant decrease compared to 2020 
(6,75% in 2021, and 7,23% in 2020).  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The Croatian legal framework on media freedom and pluralism is based on the Constitution 
and sectoral legislation. The legal framework guarantees the basic right for information and the 
access to public documents. The revised Electronic Media Act was adopted in October 2021133, 
updating,  amongst  others,  provisions  on  the  transparency  of  state  advertising  and  media 
ownership as well as making changes to the rules on media concentration134. A future revision 
of  the  Media  Act  continues  to  be  expected135.  The  Government  has  further  announced  the 
preparation of a National Plan for the Development of Culture and Media for the period from 
2023 to 2027 as a mid-term strategy for the sector136. 

129 Input from Croatia for the 2023 Rule of Law Report, p. 21. This would also implement recommendations made 
to Croatia by the OECD, see OECD (2023) Public sector integrity input to Pillar II for European Commission 
Rule  of  Law  Report,  p.  6  and  OECD  Southeast  Europe  Programme  (2022),  Fair  Market  Conditions  for 
Competitiveness in the Adriatic Region, Croatia Country Profile, p. 12. 

130  Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). This is at the same 

level as the EU average. 

131  Input from Croatia for the 2023 Rule of Law Report, p. 23. Information received in the context of the country 

visit to Croatia from the State Commission on Public Procurement. 

132 One reason for this decrease could be found in the increase of the fees for review in October 2022, when also 
it became mandatory to introduce appeals electronically. Information received from the State Commission for 
the Control of Public Procurement Procedures in the  context of the country  visit to Croatia from the State 
Commission for the Control of Public Procurement Procedures. 

133 Entry into force of the Electronic Media Act and Law on Copyright and Related Rights is a Milestone (no. 

25) within the Croatian Recovery and Resilience Plan. The Commission found the milestone to be 
satisfactorily fulfilled on 10 November 2022. Communication to the Commission on the positive preliminary 
assessment of the second payment request of Republic of Croatia pursuant to Regulation (EU) 2021/241, 
C(2022)8209 final. 

134  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, pp. 19-20. 
135  Input from Croatia for the 2023 Rule of Law Report, p. 23; Information received from the Ministry of Culture 

and Media in the context of the country visit to Croatia. 

136  https://min-kulture.gov.hr/o-ministarstvu-15/kulturne-politike-52/stratesko-planiranje/izrada-nacionalnog-

plana-razvoja-kulture-i-medija-za-razdoblje-od-2022-do-2027-godine/22285; Croatia ranks 42nd in the 2023 
Reporters without Borders World Press Freedom Index compared to 48th in the previous year. 

19 

 
                                                           
 
The Agency for Electronic Media is financially independent while the safeguards for the 
independence of its Council could be further improved. At the beginning of 2023, a new 
member was appointed to the Council of the Agency for Electronic Media, the governing body 
of media regulatory authority. In addition, the mandate of two members of the Council was 
renewed137. According to the Electronic Media Act and the Constitution, the Council members 
are appointed by simple majority in Parliament for a renewable five-year mandate, following 
a proposal  by the Government based on a public call for nominations138. The appointments 
followed  an  intermediary  extension  of  the  original  mandate  by  six  months,  in  line  with  the 
provisions of the Electronic Media Act139. Some stakeholders argue that the decision-making 
procedure following the public call for nominations lacked transparency, as there was no public 
hearing  of  candidates140.  Furthermore,  the  appointment  of  the  body  by  the  parliamentary 
majority continues to be perceived by some as compromising the political independence of the 
Council for Electronic Media141. At the same time, the independent financing of the Agency 
for Electronic Media continues to be ensured142. The 2023 Media Pluralism Monitor concludes 
that  there  is  a  medium  risk  regarding  the  independence  and  effectiveness  of  the  media 
authority143.  The  Agency  for  Electronic  Media  has  an  important  role  in  managing  relevant 
funds  promoting  media  pluralism  and  supporting  journalism  and  media  literacy144.  This 
includes a project on fact-checking, financed under Croatia’s Recovery and Resilience Plan145. 
Since the 2022 Rule of Law Report, there have been no developments regarding the potential 
establishment of an independent, self-regulatory media council representing both journalists 
and publishers146. 

Media ownership information is publicly available. Ownership information for audiovisual 
and  digital  media  is  available  via  a  public  register  managed  by  the  Agency  for  Electronic 

137  In accordance with the Electronic Media Act (Article 76). Information received from the Ministry of Culture 

and Media and the Agency for Electronic Media in the context of the country visit to Croatia. 
138  Electronic Media Act, Article 76; Contribution from GONG for the 2023 Rule of Law Report.  
139  Electronic  Media  Act,  Article  76;  Information  received  from  the  Ministry  of  Culture  and  Media  and  the 

Agency for Electronic Media in the context of the country visit to Croatia. 

140  Information received from GONG in the context of the country visit to Croatia; See also GONG, Press release 
of 2 March 2023, Gong received the names of candidates for the Council for Electronic Media: The choice 
must be made more transparent; GONG, Press release of 6 March 2023, Parliament: members of Parliament 
could  have  received  the  list  of  candidates  for  the  Council  for  Electronic  Media  if  they  had  completed  the 
application form.  

141  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 18; information received 

from GONG in the context of the country visit to Croatia. 

142  2022  Media  Pluralism  Monitor,  p.  11  and  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law 

situation in Croatia, p. 16. 

143  2023 Media Pluralism Monitor, p. 11. 
144  https://npoo.aem.hr/category/javni-pozivi-i-natjecaji/;  Information  received  from  the  Agency  for  Electronic 

Media in the context of the country visit to Croatia. 

145 The Council adopted the Council Implementing Decision of 16 July 2021 on the approval of the assessment of 
the recovery and resilience plan for Croatia, under which the Milestone no. 27 states: ‘[…] a system of media 
fact-checking shall be set up by the Electronic Media Agency, including the development of procedures and 
rules, the creation of registers and the strengthening of the digital competence capacities of fact-checkers, as 
well as the development of technological programmes, platforms and media communication systems […]’; 
Tender  procedure  for  contracts  for  development  of  media  fact-checking  and  public  disclosure  system  was 
published  on  30  December  2022.  https://www.aem.hr/blog/2022/12/30/objavljen-javni-poziv-za-uspostavu-
sustava-provjere-tocnosti-informacija; Input from Croatia for the 2023 Rule of Law Report, pp. 24-25. 

146  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 18. 

20 

 
                                                           
Media. For print media, the information is gathered by the Chamber of Commerce147. Croatia’s 
Recovery  and  Resilience  Plan  requires  the  Government  to  set  up  an  information  system  to 
publish information on ownership of all types of media in a single register by the end of June 
2026148. While the Electronic Media Act requires ownership information to be backed-up with 
extracts  from  the  register  of  ultimate  beneficial  ownership,  stakeholders  continue  to  raise 
concerns that in certain cases underlying ownership structures may remain hidden149. The 2023 
Media Pluralism Monitor continues to indicate a medium risk for the transparency of media 
ownership150. There have been no changes concerning the rules on media concentration since 
the 2022 Rule of Law Report151. 

No  further  progress  has  been  made  on  further  strengthening  the  framework  for  the 
public tender procedure for state advertising in local and regional media. The 2022 Rule 
of Law Report recommended to Croatia to “further strengthen the framework for a fair and 
transparent  allocation  of  state  advertising,  by  establishing  clear  criteria,  good  practices  and 
oversight measures to guarantee the effective functioning of the new public tender procedure 
for  local  and  regional  media”152.  The  concerned  tender  procedure  was  introduced  with  the 
revision of the Electronic Media Act in 2021 to complement the existing requirement for public 
authorities  and  institutions  as  well  as  predominately  state-owned  companies  to  spend  a 
minimum  of  15%  of  their  annual  funds  earmarked  for  the  promotion  of  their  services  or 
activities  for  advertising  in  regional  or  local  television  or  radio  programmes  or  electronic 
publications153. The law requires such funds to be distributed based on a public call which must 
list  relevant  criteria  without  any  further  specifications  on  the  nature  of  these  criteria  or 
procedural safeguards (for example concerning the authority that adopts and implements these 
criteria)154. In this context, stakeholders have raised concerns regarding the fair and transparent 
allocation of these funds155. A 2023 study commissioned by a journalists’ association found 
that local providers of electronic publications depend substantially on the income from local 
governments and draws a negative conclusion on the journalistic coverage of local news by 
such  portals156.  In  this  regard,  it  is  particularly  important  to  establish  good  practices  and 

147  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 19. 
148  The Council adopted the Council Implementing Decision of 16 July 2021 on the approval of the assessment 
of the recovery and resilience plan for Croatia, under which the Milestone no. 27 states: ‘[…] A database and 
a system of disclosure of ownership structures and funding sources shall be set up by the Electronic Media 
Agency, including the creation of a register of obliged entities and the provision of all necessary technical 
preconditions to enable all media to fulfil their obligations in a simple  and efficient manner’; 2022 Rule of 
Law Report, Country Chapter on the rule of law situation in Croatia, p. 19. 

149  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 19; Information received 

from GONG in the context of the country visit to Croatia; 2023 Media Pluralism Monitor, p. 13.  

150  2023 Media Pluralism Monitor, p. 13. 
151  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, pp. 19-20. 
152  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 2. 
153  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 20; Electronic Media 

Act, Articles 38-39. 

154  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 20: “[…] the law does 
not contain any details regarding these criteria or the related procedure. In particular, there appear to be no 
safeguards regarding the authority that adopts and implements these criteria. In this  regard, it will be important 
to establish good practices and effective oversight measures to ensure the well-functioning of the new public 
tender procedure.”  

155  Information received from the Ministry of Culture and Media in the context of the country visit to Croatia. 
156 The study found that most portals receive between 40-80% of its income from local governments. Even when 
the commercial advertising represents a more substantial source of income, it does not exceed 35%. Study 

21 

 
                                                           
effective oversight measures to ensure the fair and independent functioning of the public tender 
procedure157. To this end, journalists’ representatives have developed recommendations for the 
allocation  of  funds  to  local  media,  including  possible  model  criteria158.  In  addition,  some 
stakeholders  continue  to  point  to  concerns  that  state  advertising  may  also  impact  the 
independence of media outlets at national level159. Since the entry into force of the relevant 
provisions in the Electronic Media Act, preliminary data shows that the majority of competent 
authorities have organised public calls, as required by the law160. However, no further steps 
were taken to establish clear criteria or independent oversight mechanisms to ensure the fair 
and transparent allocation of state advertising161. Therefore, there has been no further progress 
on the implementation of the recommendation made in the 2022 Rule of Law Report. 

Public  service  broadcaster  HRT  has  adopted  a  new  strategy  aiming  at  reinforcing  its 
societal  role,  while  some  stakeholders  continue  to  put  into  doubt  its  political 
independence. A new contract on the programming of HRT for the period between 2023 and 
2027 has been concluded between the Government and the broadcaster162. Moreover, HRT has 
adopted a new strategy for the same period, aiming to increase the relevance of public service 
broadcasting163.  There  have  been  no  changes  to  the  legal  framework  for  the  public  service 
broadcaster HRT since the 2022 Rule of Law Report164. HRT remains predominantly financed 
by a monthly fee collected from households, set by its Supervisory Board165. The amount of 
this monthly fee has not changed since 2012166. In view of the mounting financial pressure, 
with increasing costs also affecting the public service broadcaster, the question of the future 
financing  model  of  the  public  service  broadcaster  has  started  to  emerge  as  a  topic  for 
consideration167.  Concerns  continue  to  be  raised  regarding  the  political  independence  of 
HRT168, with a system giving the parliamentary majority a decisive influence over the public 
service broadcaster169. 

made by journalist Ivanka Toma, commissioned by the Association for protection of journalists’ authorship 
rights, Portals in Croatia, a means of informing or manipulating, 14 February 2023.  
157  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 20. 
158  According to the Croatian Association of Journalist, such evaluation criteria could include different indicators 
on the reporting of public information, the diversity of media, topics and social groups as well as organisational 
capacities. https://hnd.hr/modeli-financiranja-lokalnih-medija  

159  GONG, Press release of 31 October 2022, State funding without clear criteria  – a media censorship tool?.; 
https://rsf.org/en/country/croatia; 2022 Rule of Law Report, Country Chapter on the rule of law situation in 
Croatia, p. 20. 

160 Additional input from Croatia for the 2023 Rule of Law Report. 
161  Input from Croatia for the 2023 Rule of Law Report, pp. 22-23. 
162 Agreement between the HRT and Croatian Government for 1 January 2023 until 31 December 2027.  
163  Information received from HRT in the context of the country visit to Croatia. 
164  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, pp. 20-21. 
165  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 21; HRT Law, Art. 35. 
166  https://o-nama.hrt.hr/pristojba/pristojba-4431  
167  Information received from the Ministry of Culture and Media and HRT in the context of the country visit to 
Croatia; N1, License fee for state broadcaster HRT to remain unchanged at €10.60 per month, 7 December 
2022, 

168  See Telegram, HRT’s great journalist dismissed - they censored him, and wanted him to be more pro-Putin, 

27 February 2023. 

169  2023 Media Pluralism Monitor, p. 18. The 2023 Media Pluralism Monitor indicator on the independence of 
public service media shows a medium risk. HRT is managed by a Director General with a five-year term who 
is  accountable  to  the  Supervisory  Board.  Following  a  public  call  by  the  Supervisory  Board,  the  Director 

22 

 
                                                           
The general legal framework for access to information and public documents has been 
updated, while delays in the processing of requests from journalists remain an issue in 
some cases. Changes to the Right to Access Information Act entered into force in June 2022, 
aiming to improve and harmonise practices concerning requests for access to information170. 
In addition, specific provisions concerning journalists are included in the Media Act. The legal 
framework ensures access to information in principle. However, delays in the processing of 
journalists’ requests by public authorities remain an issue in some cases. In 2022, the Office of 
the  Information  Commissioner  received  40  complaints  and  43  appeals  from  journalists 
concerning  access  to  information171.  The  2023  Media  Pluralism  Monitor  indicator  on  the 
protection of the right to information shows a medium risk172. 

Authorities and journalists’ representatives are taking steps to improve cooperation with 
a view to improving the safety of journalists. Since the 2022 Rule of Law Report, the Council 
of  Europe’s  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists  has 
registered  five  alerts  relating  to  events  in  Croatia173.  Police  authorities  generally  react 
appropriately  on  cases  of  attacks  against  journalists  174.  There  are  reports  of  verbal  assaults 
against journalists, notably when covering public protests175. In this context, the Ministry of 
Internal Affairs, the Croatian Journalists’ Association and the Croatian Journalists’ Union are 
working on agreements to improve the cooperation between the police and journalists in the 
case of criminal offences against journalists as well as the interaction between police and media 
workers during public protests176. In February 2023, the Prime Minister announced potential 
changes  to  the  Criminal  Code  which  would  criminalise  the  disclosure  of  information  from 
ongoing criminal investigations. This raised some concerns among journalists and civil society 
representatives  fearing  potentially  negative  repercussions  for  the  work  of  journalists177.  In 

General is appointed by simple majority by the Parliament. Four out of the five members of the Supervisory 
Board  are  equally  appointed  by  the  Parliament,  with  an  employee  representative  as  the  fifth  member. 
Additionally, the Programme Council (consisting of nine members appointed by Parliament and two employee 
representatives)  represents  the  public  interest  and  monitors  the  programming  activities  of  HRT.  The 
Supervisory Board reports annually to Parliament on the legality of HRT's activities and financial operation, 
while  the  Programme  Council  reports  annually  on  implementation  of  the  programme.  2022  Rule  of  Law 
Report, Country Chapter on the rule of law situation in Croatia, p. 21. 

170 Right to Access Information Act; Input from Croatia for the 2023 Rule of Law Report, p. 27. 
171  Written contribution from the Office of the Information Commissioner in the context of the country visit to 

Croatia. The numbers are very similar to those for 2021 (41 complaints and 43 appeals). 

172  2023 Media Pluralism Monitor, p. 10. 
173  Council of Europe, Platform to promote the protection of journalism and safety of journalists, Croatia. For the 
same  period,  the  Mapping  Media  Freedom  project  lists  9  incidents  in  Croatia  (Mapping  Media  Freedom, 
Croatia (as of 28 March 2022). 

174  Council of Europe, Platform to promote the protection of journalism and safety of journalists, Croatia. 
175  N1, Association of Journalists condemns attacks on reporter at Zagreb rally, 11 September 2022. 
176  These  would  include  a  Protocol  on  the  behaviour  of  the  police  upon  learning  about  a  criminal  offense 
committed  to  the  detriment  of  media  workers  in  connection  with  the  performance  of  media  activities,  a 
Protocol on the behaviour of the police and media workers at public gatherings of greater public interest, and 
an Agreement on cooperation. Input from Croatia for the 2023 Rule of Law Report, p. 26. 

177  Information received from the Public Ombudsperson’s Office in the context of the country visit to Croatia, 
and Safejournalists.net, Inadmissible Statements of the Prime Minister of Croatia on Changing the Criminal 
Code due to Information Leaks, 15 February 2023; On 14 February 2023, the Association of Journalists sent 
a complaint to the Ombudsperson cautioning that it considers it be inadmissible to call information published 
in the media a leak of information. The Association of Journalists further pointed out that the Croatian law 
contains  provisions  establishing  criminal  responsibility  for  revealing  an  official  secret.  Those  provisions 

23 

 
                                                           
February  2023,  the  Ombudsperson  sent  a  letter  to  the  Ministry  of  Justice  and  Public 
Administration  enquiring  about  the  scope,  substance,  and  timeline  of  the  envisaged 
amendments to the Criminal Code and the Code of Criminal Procedure178; in their reactions, 
Croatian  authorities  have  stressed  that  any  potential  amendments  to  those  laws  would  not 
impact  the  work  of  journalists  or  the  protection  of  journalistic  sources179.  In  parallel,  the 
Government intends to submit to public consultation, in July 2023, draft amendments to the 
Law  on  the  State  Attorney’s  Office,  which  appear  to  enlarge  the  scope  of  classified 
information. Under the applicable Criminal Code, the disclosure of classified information could 
amount to a criminal offence, unless it is proven that the disclosure was predominantly in the 
public interest180.   

There  has  been  some  progress  on  addressing  the  strategic  lawsuits  against  public 
participation (SLAPP) targeting journalists, which remain a significant concern, as the 
expert  working  group  continued  awareness  raising  efforts,  notably  among  judicial 
practitioners. The 2022 Rule of Law Report recommended to Croatia to ‘address the issue of 
strategic lawsuits against public participation targeted at journalists, including by addressing 
the abuse of legal provisions on defamation and encouraging awareness, taking into account 
European standards on the protection of journalists’181. As stated in the 2022 and 2021 Rule of 
Law  Reports,  this  can  pose  a  significant  financial  risk  to  journalists  and  have  an  important 
intimidating effect on media182. A survey by the Croatian Journalists’ Association in May 2023 
counted 945 active lawsuits against journalists and the media in Croatia (compared to 951 in 
2022, 924 in 2021 and 905 in 2020)183. There continue to be reports of SLAPP cases targeting 
journalists involving judges, particularly on claims of defamation184. In May 2023, a judgment 
by the Constitutional Court provided clarifications with regard to the standards applicable to 
defamation cases, especially for cases of public interest185, which could also have an impact on 
potential SLAPP cases concerning journalists. In addition, there are also reports of potential 
cases  of  abusive  litigation  targeting  civil  society  organisations186.  The  currently  available 

contain an exception for situations in which disclosure of an official secret is in the overriding public interest. 
For example, if evidence was collected through special investigative means, then they are an official secret 
and their disclosure is already a criminal offence. Information from the Association of Journalists in the context 
of  the  country  visit  to  Croatia,  and  Association  of  Journalists,  Press  release  CJA  sends  a  complaint  to  the 
Ombudsman about the announcement of Prime Minister Plenković, 14 February 2023. 

178  Information received from the Public Ombudsperson’s Office in the context of the country visit to Croatia. 
179  In  his  reply  to  the  Ombudsperson’s  letter  as  well  as  public  statements,  the  Minister  of  Justice  stated  that 
criminal responsibility for disclosing the content of ongoing criminal investigations could be prescribed only 
for  the  participants  of  the  procedure  (prosecutors,  police,  parties  and  their  defence  attorneys),  not  for 
journalists. The aim of the potential amendments would be to protect the objectives of criminal proceedings, 
the right to privacy and the presumption of innocence of persons subject to criminal proceeding. Additional 
input from Croatia for the 2023 Rule of Law Report. 

180  Draft amendments to the Law on the State Attorney’s Office, which would amend its Article 58 and allow 
state  attorneys  to  declare  any  written  official  communication  within  the  prosecution  service  as  classified 
information.    

181  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 2. 
182  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 22; 2022 Rule of Law 

Report, Country Chapter on the rule of law situation in Croatia, p. 19. 
183  Croatian Journalists’ Association, Survey among media, 2 May 2023. 
184 Contribution from GONG for the 2023 Rule of Law Report. See also N1, Croatian Journalists’ Association 

launches campaign aimed at revealing names of judges suing journalists, 21 November 2022. 

185  Judgment of the Constitutional Court of 4 May 2023, U-III-1880/2018. 
186  Information received from GONG in the context of the country visit to Croatia. 

24 

 
                                                           
procedural  rules  that  allow  dismissing  a  groundless  lawsuit  appear  not  to  be  used  by  many 
judges, indicating a need for further training on this civil procedural tool187. The Ministry of 
Culture  and  Media  expert  working  group  on  the  issue  of  SLAPPs  targeting  journalists, 
established in 2021, continued its work to raise awareness on the topic, notably among judicial 
practitioners188. However, there have been no further recommendations, initiatives or changes 
to the legal framework189. In line with the 2022 recommendation, further concrete measures 
are  outstanding  to  address  the  issue  of  SLAPPs  in  Croatia.  In  that  context,  journalist 
representatives continue to see a need to decriminalise defamation190. The Government stated 
it will explore possible new measures in the context of the announced revision of the Media 
Act191. Overall, some progress has been made on the implementation of the recommendation 
of the 2022 Rule of Law Report.  

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Croatia  has  a  unicameral  parliamentary  system  of  government,  in  which  the  Constitutional 
Court  can  carry  out  ex-post  constitutional  reviews,  including  in  concrete  cases  based  on  a 
constitutional  complaint.  Draft  laws  can  be  tabled  by  any  member  of  the  Parliament  or  the 
Government.  The  People’s  Ombudsperson,  with  A-status192,  who  is  responsible  for  the 
promotion and protection of human rights  and freedoms and fulfils  the role of the National 
Human Rights Institution, the Information Commissioner, and the Ombudsperson for Gender 
Equality193, which fulfils the role of the equality body, are all independent bodies that play a 
role in the system of checks and balances.  

The number of public consultations increased significantly. In 2022, public consultations 
conducted through the central state consultations portal ‘e-Consultations’ and coordinated by 
the Government Legislation Office, increased to 1 028 consultations (up from 823 in 2021). 
The average length of consultation slightly decreased to 19 days (21 in 2021). Also, the number 
of participants and comments decreased but more observations were fully/partially accepted194. 
The number of comments that remained unanswered increased to 22 % (7 % in 2021; 34% in 
2020 and 22% in 2019).195 In August 2021, a two-year project started to bring procedural and 
functional improvements to the e-Consultations portal, as well as its expansion to local and 

187  Information received from the Association of Journalists in the context of the country visit to Croatia. 
188  https://min-kulture.gov.hr/strucna-radna-skupina-za-ofukadanje-politike-suzbijanja-slapp-tuzbi/22216;  Input 

from Croatia for the 2023 Rule of Law Report, pp. 23-24. 
189  Input from Croatia for the 2023 Rule of Law Report, pp. 23-24. 
190  Information received from the Trade Union of Croatian Journalists in the context of the country visit to Croatia; 
2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 22. See also 2023 Media 
Pluralism Monitor, p. 22. 

191  Input from Croatia for the 2023 Rule of Law Report, pp. 23-24. 
192  According to the Principles relating to the Status of National Institutions (The Paris Principles). 
193  It should be noted that the mandate of the Ombudsperson for Gender equality can be terminated if his/her 

annual report is rejected in the Parliament. 

194 According to provisional data taken from the e-Consultations during 2022, a total of 6 530 natural and legal 
persons (8 466 in 2021) submitted 22 838 comments (23 467 in 2021). Among these, about 15% were accepted 
(13% in 2021), and 7% partially accepted (9% in 2021). About 27 % were not accepted (28% in 2021) and 
22% did not received any response (8% in 2021). However, not all reports on consultations conducted in 2022 
were completed when the information was submitted. Written contribution from the Government Legislation 
Office in the context of the country visit to Croatia. 

195  Written contribution from the Information Commissioner in the context of the country visit to Croatia. 

25 

 
                                                           
regional  self-government  units.  The  implementation  of  the  project  has  been  prolonged  and 
upgrading of the system and related training are expected for the second half of 2023196. In 
2022, the share of laws adopted by urgent procedure in Parliament increased – more than half 
of all legislative procedures were urgent197.  

On 1 January 2023, Croatia had 26 leading judgments of the European Court of Human 
Rights pending implementation, an increase of one compared to the previous year198. At 
that time, Croatia’s rate of leading judgments from the past 10 years that remained pending 
was  at  29%  (compared  to  25%  in  2022)  and  the  average  time  that  the  judgments  had  been 
pending  implementation  was  2  years  and  8  months  (compared  to  4  years  and  3  months  in 
2022)199.  The  significant  change  in  data  relates  to  the  closure  of  a  case  previously  pending 
implementation for 15 years200. On 15 June 2023, the number of leading judgments pending 
implementation remained at 26201. 

There  has  been  some  progress  on  the  follow-up  to  the  People’s  Ombudsperson’s 
recommendations,  which  has  improved,  while  some  challenges  remain  on  access  to 
information.  The  2022  Rule  of  Law  Report  recommended  to  Croatia  to  ‘ensure  a  more 
systematic follow-up to recommendations and information requests of the Ombudsperson’202. 
The Governmental Council for Human Rights, a consultative body established in 2021, held 
four  sessions  so  far,  including  one  dedicated  to  the  response  to  Ombudsperson’s 
recommendations, which called on all state authorities to implement the recommendations203. 
In  2022,  the  Ombudsperson’s  Office  saw  an  improvement  in  the  follow-up  to  its 
recommendations  as  compared  to  the  previous  year’s  report,  as  around  46%  of  all 
recommendations  given  in  the  2021  Ombudsperson’s  Report  have  either  been  already 
implemented  or  are  in  the  process  of  being  implemented204.  However,  the  Governmental 

196 Information received from the Government’s Office on Legislation in the context of the country visit to Croatia. 
197  In 2022, Parliament adopted 52% of laws using the urgent procedure (31% in 2021, 51% in 2020, 47% in 

2019). Written contribution from Parliament Secretariat in the context of the country visit to Croatia. 

198 The  adoption  of  necessary  execution  measures  for  a judgment  by  the  European  Court  of  Human  Rights  is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

199 All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2023. See the Contribution from the European 
Implementation Network for the 2023 Rule of Law Report, p. 2. 

200 Judgment of the European Court of Human Rights of 31 May 2007, Secic v. Croatia, 40116/02, pending since 

2014. 

201  Data according to the online database of the Council of Europe (HUDOC). 
202  2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 2. 
203  Information received from the Public Ombudsperson’s Office in the context of the country visit to Croatia. On 
23 June  2022,  the  Council  wrote  to  all  State  bodies  with  a  request  to  submit  information  on  the  activities 
undertaken  to  implement  156  recommendations  from  the  2021  Ombudsperson’s  Report  and  is  currently 
working on the analysis of the information it received. Input from Croatia for the 2023 Rule of Law Report, 
pp. 27-28. 

204  Around 43% of all recommendations given in the 2020 Ombudsperson’s Report and 46% of those given in 
the 2021 Report have either already been implemented or are in the process of being implemented. Information 
received from the People’s Ombudsperson’s Office in the context of the country visit to Croatia. As found in 
the  2022  Rule  of  Law  Report,  the  national  authorities,  according  to  the  Ombudsperson,  fulfilled  26%  of 
recommendations given in the 2018 Report and only 20% of those given in the 2019 Report. 2022 Rule of 

26 

 
                                                           
to 

respond  or 

responded  slowly 

the  Ombudsperson’s 
authorities  still  did  not 
recommendations205  (the  2021  Ombudsperson’s  Report  has  not  yet  been  discussed  at  the 
plenary of Parliament)206. Discussions continued with the Ministry of the Interior regarding the 
Ombudsperson’s  direct  access  to  the  Ministry’s  information  system  on  the  treatment  of 
irregular  migrants207.  The  Law  on  the  People’s  Ombudsperson  stipulates  that  the 
Ombudsperson  has  the  right  to  receive  information  and  to  access  data  and  documents  of 
national authorities in relation to the area of its competence208. For its part, the Government 
noted that direct access to the protected Ministry’s information system is limited to authorised 
users with  personalised  access  parameters209. Overall, some progress  has  been made on the 
implementation of the recommendation of the 2022 Rule of Law Report. The Ombudsperson 
supports, in an advisory role, Croatia’s Independent Monitoring Mechanism, which since 2021 
provides for independent fundamental rights monitoring of border-related operations involving 
migrants  and  asylum  seekers.  In  November  2022,  the  role  of  the  Independent  Monitoring 
Mechanism was further extended and reinforced210.  

The preparation of the new National Plan for Creating an Enabling Environment for the 
Development of the Civil Society for 2023-2030 has not progressed. The previous Rule of 
Law  Reports211  noted  the  preparatory  steps  towards  adoption  of  the  National  Plan,  which 
intended  to  further  improve  the  legal,  financial  and  institutional  support  system  for  the 
activities  of  civil  society  organisations.  In  2022,  the  Government’s  Office  for  NGOs  held 
preparatory  meetings  with  state  bodies  that  will  be  responsible  for  the  National  Plan’s 
implementation,  and  the  draft  National  Plan  is  being  prepared  to  be  submitted  for  public 
consultation after all the measures and activities contained therein will be coordinated with the 
respective implementing entities212. Dialogue between the Government and civil society is also 

Law Report,  Country  Chapter on the rule of law situation in Croatia, p. 24-25. However,  according to the 
Government,  the  data  from  the  body  in  charge  with  the  monitoring  of  the  implementation  of  the 
Ombudsperson’s  recommendations  differs.  According  to  the  analyses  conducted  by  the  Office  for  Human 
Rights and Rights of the National Minorities, almost 70% of the recommendations from the 2021 Ombudsman 
Report are implemented or in the process of being implemented. 

205  No response to 50% of those given in the 2020 Report, and 60% of those given in the 2019 Report. 
206  The 2021 Report has been discussed before one of the parliamentary committees. Information received from 

the Public Ombudsperson’s Office in the context of the country visit to Croatia. 

207  Information received from the Public Ombudsperson’s Office in the context of the country visit to Croatia. As 
stated in the 2022 Rule of Law Report, the law gives the Ombudsperson access to all such types of information 
and officials employed in the Ombudsperson’s Office have the necessary clearance for handling secret data. 
2022 Rule of Law Report, Country Chapter on the rule of law situation in Croatia, p. 24-25. 

208  Article 9 of the Law on the People’s Ombudsperson. 
209  According  to  the  Government,  the  Ministry  of  Interior  is  regularly  submitting  information  further  to  the 
requests for access to information by the Ombudsperson or her Office, and over the past year the Ministry held 
numerous meetings with the Ombudsperson’s Office in order to improve the cooperation and to clarify the 
restrictions, which must be respected by the police officers when it comes to directly accessing the protected 
Ministry information system which is limited to authorised users with personalized access parameters. Input 
from Croatia for the 2023 Rule of Law Report, p. 28. 

210  In July 2022, its first report was adopted, and in November 2022, its functioning was extended with regard to 
its  already  existing  main  objective  of  contributing  to  monitoring  the  respect  of  fundamental  rights  in  the 
context of border management within its mandate. See Independent Monitoring Mechanism, Annual Report 
June 2021 – June 2022. Ministry of the Interior, Press release of 4 November 2022. 

211  2022, 2021 and 2021 Rule of Law Reports, Country Chapters on the rule of law situation in Croatia. 
212 According to the Government, there has been a large increase in the number of employees in the CSOs. In 
2021, there were more than 20 000 employees in CSOs, which is an increase of 60% in comparison to 2015. 

27 

 
                                                           
taking place in  the framework for the implementation of  the Open Government Partnership 
initiative, coordinated by the Government’s Office for NGOs213. In 2023, two funding calls are 
envisaged  for  civil  society  organisations,  under  the  European  Social  Fund214.  Stakeholders 
reported that more multi-annual funding calls should be published, which would bring more 
stability for the civil society organisations215. 

The same goes for the availability of financial resources, according to the data from the CSO register, which 
point to a significant increase in the income CSOs, by 57.32% in 2021 compared to 2015. 

213  The  Council  of  Open  Government  Partnership  initiative  is  an  advisory  body  to  the  Government  that  was 
established in 2017 to promote transparency and openness  in the  work of public authorities, and to ensure 
cross-sectoral cooperation in the implementation of this initiative.  Input from Croatia for the 2023 Rule of 
Law Report, pp. 36-37.  

214  Information received from the Government’s Office for NGOs in the context of the country visit to Croatia. 
215 Information received from the Human Rights House and Centre for Democracy and Law Miko Tripalo in the 

context of the country visit to Croatia. 

28 

 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Agreement between the HRT and Croatian Government for 1 January 2023 until 31 December 2027 
ugovor-izmedu-hrt-a-i-vlade-rh-za-razdoblje-od-1-sijecnja-2023-do-31-prosinca-2027-
20221020125658.pdf  

Association of Journalists (2023), Press release CJA sends a complaint to the Ombudsman about the 
announcement  of  Prime  Minister  Plenković,  14  February  2023  https://www.hnd.hr/eng/cja-sends-a-
complain-to-the-ombudsman-about-the-announcement-of-prime-minister-plenkovic 

Civicus, Monitor tracking civic space – Croatia https://monitor.civicus.org/country/croatia/ 

Commissioner Didier Reynders (2021), Letter to Minister of Justice Mr Malenica, 1 December 2021. 

Constitutional 
https://sljeme.usud.hr/Usud/Praksaw.nsf/C12570D30061CE54C125894F003E779F/%24FILE/U-I-
2215-2022%20i%20dr.pdf. 

2023,  U-I-2215/2022 

judgment 

February 

(2023), 

Court 

of 

7 

Constitutional 
https://sljeme.usud.hr/Usud/Praksaw.nsf/C12570D30061CE54C125894F003E03AF/%24FILE/U-I-
5197-2022.pdf.  

2023,  U-I-5197/2022 

judgment 

February 

(2023), 

Court 

of 

7 

2023,  U-III-1880/2018 
Constitutional 
https://sljeme.usud.hr/Usud/Praksaw.nsf/C12570D30061CE54C12589A5004A0B09/%24FIL
E/U-III-1880-2018.pdf.   

4  May 

judgment 

(2023), 

Court 

of 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Council of Europe: Venice Commission (2022), Croatia - Opinion no. 1073/2021 on the Introduction 
of the procedure of renewal of security vetting through amendments to the Courts Act, CDL(2022)005 
https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2022)005-e. 

European  Association  of  Judges  (2022),  Opinion  on  security  checks  on  judges,  7  February  2022 
http://uhs.hr/wp-content/uploads/2022/02/EAJ_Opinion-for-The-Association-of-Croation-Judges-on-
repeated-security-checks.pdf. 

European Association of Judges (2023), Statement of 2 June 2023 http://uhs.hr/archives/40049.  

GONG (2022), Press release State funding without clear criteria – a media censorship tool?, 31 October 
2022 
https://gong.hr/2022/10/31/drzavno-financiranje-bez-jasnih-kriterija-alat-za-cenzuriranje-
medija/. 

European Network of Councils for the Judiciary (2023), Statement by the Executive Board on financial 
security in the context of judicial independence, 25 May 2023 https://www.encj.eu/node/643. 

GONG (2023), Press release GONG received the names of candidates for the Council for Electronic 
Media: The choice must be made more transparent, 2 March 2023 https://gong.hr/2023/03/02/gong-
dobio-imena-kandidata-za-vem-izbor-mora-biti-transparentniji/  

GONG  (2023),  Press  release  Parliament:  members  of  Parliament  could  have  received  the  list  of 
candidates for the Council for Electronic Media if they had completed the application form, 6 March 
2023  https://gong.hr/2023/03/06/sabor-zastupnice-su-mogle-dobiti-popis-kandidata-za-vem-samo-da-
su-ispunile-zahtjevnicu/  

Independent  Monitoring  Mechanism  (2022),  Annual  Report  June  2021  –  June  2022,  July  2022 
https://www.hck.hr/UserDocsImages/dokumenti/Azil,%20migracije,%20trgovanje%20ljudima/Annua

29 

 
l%20report%20of%20the%20Independent%20monitoring%20mechanism%20-
%201%20July%202022.pdf?vel=2061078. 

Ivanka Toma (2023), study commissioned by the Association for protection of journalists’ authorship 
rights,  Portals 
informing  or  manipulating,  14  February  2023 
https://dznap.hr/wp-content/uploads/2023/02/Istrazivanje-o-portalima_Ivanka-Toma.pdf. 

in  Croatia,  a  means  of 

Ministry  of  justice  (2023),  Press  release,  20  June  2023  https://mpu.gov.hr/vijesti/priopcenje-za-
javnost-ministarstvo-nastavlja-na-cjelovitom-rjesenju-sustava-placa/27122. 

Ministry of the Interior (2023), Press release of 4 November 2023 https://mup.gov.hr/vijesti/potpisan-
sporazum-o-suradnji-radi-provedbe-nezavisnog-mehanizma-nadzora-zastite-temeljnih-ljudskih-prava-
u-postupanju-policijskih-sluzbenika-ministarstva-unutarnjih-poslova-u-podrucju-zastite-granica-
nezakonitih-migracija-i-medjunarodne-zastite/289002. 

N1 (2022), Association of Journalists condemns attacks on reporter at Zagreb rally, 11 September 2022 
https://n1info.hr/english/news/hnd-condemns-attacks-on-reporters-at-zagreb-rally/ 

N1 (2022), Croatian Journalists’ Association launches campaign aimed at revealing names of judges 
suing journalists, 21 November 2022 https://n1info.hr/english/news/hnd-launches-campaign-aimed-at-
revealing-names-of-judges-suing-journalists/.  

People’s  Ombudsperson  (2023),  2022  Report  https://www.ombudsman.hr/hr/download/izvjesce-
pucke-pravoraniteljice-za-2022-godinu/?wpdmdl=15489&refresh=642a802fb93881680506927.  

Safejournalists.net (2023), Inadmissible Statements of the Prime Minister of Croatia on Changing the 
Criminal 
2023 
Information 
https://safejournalists.net/portfolios/safejournalists-inadmissible-statements-of-the-prime-minister-of-
croatia-on-changing-the-criminal-code-due-to-information-leaks/.  

February 

Leaks, 

Code 

due 

15 

to 

Judicial  Council,  2021  Report  https://drzavnosudbenovijece.hr/sites/default/files/2022-

State 
02/Izvje%C5%A1%C4%87e%20o%20radu%20Dr%C5%BEavnog%20sudbenog%20vije%C4%87a
%20za%202021.%20godinu.pdf.  

Judicial  Council,  2022  Report  https://drzavnosudbenovijece.hr/sites/default/files/2023-

State 
03/Izvje%C5%A1%C4%87e%20o%20radu%20Dr%C5%BEavnog%20sudbenog%20vije%C4%87a
%20za%202022.%20godinu.pdf.  

Supreme Court (2023), Press release of 17 April 2023 https://www.vsrh.hr/priopcenje-vrhovnog-suda-
o-sastanku-ministra-pravosudja-i-uprave-dr-sc-ivana-malenice-i-predsjednika-vrhovnog-suda-
republike-hrvatske-mr-sc-radovana-dobronica.aspx.  

Supreme Court (2023), Press release of 28 March 2023 https://www.vsrh.hr/ministar-malenica-obecao-
u-roku-od-sest-mjeseci-sustavno-rijesiti-pitanje-placa-sudaca-i-sudskih-sluzbenika.aspx.  

Supreme  Court:  General  Assembly  (2021),  Statement:  regular  security  checks  on  judges  are 
2021 
unacceptable, 
http://www.vsrh.hr/CustomPages/Static/HRV/Files/2021dok/Priopcenja/O%C4%8CITOVANJE%20n
a%20nacrt%20Kona%C4%8Dnog%20prijedloga%20ZID-a%20Zakona%20o%20sudovima.pdf. 

November 

29 

Telegram (2023), HRT’s great journalist dismissed - they censored him, and wanted him to be more 
pro-Putin,  27  February  2023  https://www.telegram.hr/politika-kriminal/hrt-ov-sjajni-novinar-dao-
otkaz-cenzurirali-su-mu-dokumentarac-htjeli-su-da-bude-povoljniji-za-putina/.  

30 

 
Annex II: Country visit to Croatia 

The Commission services held virtual meetings in March 2023 with: 

  Agency for Electronic Media  
  Association of Judges (Judge Marin Mrčela, Ph.D.) 
  Bar Association 
  Centre for Democracy and Law Miko Tripalo 
  Centre for Peace Studies 
  Commission for the Resolution of Conflicts of Interest 
  Constitutional Court 
  Croatian Journalists' Association 
  Croatian Newspaper Publishers' Association 
  GONG 
  Government’s Legislation Office 
  Government’s Office for Cooperation with NGOs  
  Government’s Office for Human Rights and Rights of National Minorities 
  HRT – Croatian Radio and Television (General Director) 
  Human Rights House 
  Ministry of Culture and Media 
  Ministry of Justice and Administration 
  Office of the Information Commissioner 
  Office of the Public Ombudsperson 
  Parliamentary National Council for Monitoring Anti-Corruption Strategy Implementation 
  PNUSKOK - specialised anti-corruption police 
  Secretariat of the Parliament 
  State Attorney’s Council 
  State Attorney’s Office (including USKOK-specialised anti-corruption prosecution) 
  State Audit Office 
  State Commission for Supervision of Public Procurement Procedures 
  State Judicial Council 
  Supreme Court 
  Trade Union of Croatian Journalists 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  
  European Youth Forum  
  Free Press Unlimited 
  Front Line Defenders 
 
 
 

ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  

31 

 
 
International Planned Parenthood Federation European Network 
International Press Institute  
JEF Europe  

 
 
 
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

32 

 
 
 
 
  
Annex II: Country visit to Croatia 

The Commission services held virtual meetings in March 2023 with: 

  Agency for Electronic Media  
  Association of Judges (Judge Marin Mrčela, Ph.D.) 
  Bar Association 
  Centre for Democracy and Law Miko Tripalo 
  Centre for Peace Studies 
  Commission for the Resolution of Conflicts of Interest 
  Constitutional Court 
  Croatian Journalists' Association 
  Croatian Newspaper Publishers' Association 
  GONG 
  Government’s Legislation Office 
  Government’s Office for Cooperation with NGOs  
  Government’s Office for Human Rights and Minority Rights 
  HRT – Croatian Radio and Television (General Director) 
  Human Rights House 
  Ministry of Culture and Media 
  Ministry of Justice and Administration 
  Office of the Information Commissioner 
  Office of the Public Ombudsperson 
  Parliamentary National Council for Monitoring Anti-Corruption Strategy Implementation 
  PNUSKOK - specialised anti-corruption police 
  Secretariat of the Parliament 
  State Attorney’s Council 
  State Attorney’s Office (including USKOK-specialised anti-corruption prosecution) 
  State Audit Office 
  State Commission for Supervision of Public Procurement Procedures 
  State Judicial Council 
  Supreme Court 
  Trade Union of Croatian Journalists 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  
  European Youth Forum  
  Free Press Unlimited 
  Front Line Defenders 
 
 
 

ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  

33 

 
 
International Planned Parenthood Federation European Network 
International Press Institute  
JEF Europe  

 
 
 
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

34