Croatia and EU

1
Croatia and EU hopes and concerns

• Siniša Rodin
• University of Zagreb
• http//eu.pravo.hr

2
What I will talk about

• Membership requirements and have they changed in
  the meantime
• Account of Croatian relationship with the EU from
  1991 to 2005
• National concerns related to Membership of the EU
• Conclusion

3
Application for Membership

• Application for Membership of the EU on 21
  February 2003
• Council of Ministers decided on 14 April 2003 to
  implement the procedure laid down in Art. 49 of
  the Treaty on the European Union, which states
  "Any European State which respects the principles
  set out in Article 6(1) may apply to become a
  member of the Union. It shall address its
  application to the Council, which shall act
  unanimously after consulting the Commission and
  after receiving the assent of the European
  Parliament, which shall act by an absolute
  majority of its component members."

4
Requirements

• Copenhagen
• Beyond Copenhagen
• Enhanced Scrutiny
• Suspension Clause

5
Requirements (Copenhagen 1993)

• stability of institutions guaranteeing democracy,
  the rule of law, human rights and respect for and
  protection of minorities
• functioning market economy and capacity to cope
  with competitive pressure and market forces
  within the Union
• ability to take on the obligations of membership,
  including adherence to the aims of political,
  economic and monetary union.

6
Requirements beyond Copenhagen

• Madrid Criteria (1995)
• Candidate country must have created the
  conditions for its integration through the
  adjustment of its administrative structures. EU
  law transposed into national legislation, has to
  be implemented effectively through appropriate
  administrative and judicial structures
• Stabilization and Association process
  conditionalities (1996)
• Human rights conditionality
• Regional cooperation conditionality
• Cooperation with the ICTY

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Enhanced Scrutiny feasibility study

• Luxembourg criteria for commencement of
  negotiations for conclusion of an SAA (1997)
• the rule of law
• Democracy
• compliance with human rights and minority rights
  including freedom of media
• free and fair elections
• absence of discriminatory treatment
• implementing first steps of economic reform
  including privatization and abolition of price
  controls
• proven readiness for good neighborly relations
• compliance with obligations undertaken by the
  Dayton Agreement
• cooperation with the ICTY
• refugee return

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Enhanced Scrutiny - monitoring

• Luxembourg criteria for conclusion of
  negotiations for conclusion of an SAA (1997)
• substantial progress in achievement of objectives
  of conditions for opening negotiations
• substantial results in field of political and
  economic reforms (stable economic environment,
  liberalization prices, regulatory framework,
  competitive banking sector, etc),
• proven regional co-operation and good neighborly
  relations.

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Suspension Clause Bulgaria, Romania (...)

• Accession can be suspended "...in the case of a
  serious and persistent breach of the principles
  of liberty, democracy, respect for human rights
  and fundamental freedoms and the rule of law

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The SEE (Western Balkans) Approach Wrap-up

• Copenhagen Criteria
• Regional Cooperation
• Cooperation with ICTY
• Enhanced scrutiny
• Suspension Clause

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In practice (1991 2005)

• 25.06.1991 Declaration of Independence
• July 1991 UN and EU Arms Embargo
• 1996 Commission develops conditionality
  approach
• 1997 Council adopts Regional Approach
• 1999 Stabilization and Association process for
  SEE Europe
• Jan. 2000 Social Democrat led coalition wins
  election
• 2000 Parliamentary system replaces
  semi-presidential
• 24.05.2000 Commission adopts feasibility study
• 18.07.2000 - Commission proposes Council to open
  negotiations
• 24.11.2000 Negotiations opened
• July 2001 Negotiations closed
• 29.10.2001 SAA signed
• 21.02.2003 Croatia applies for membership
• 14.04.2003 Council initiates Art. 49 procedure
• 21.06.2003 Thessaloniki Summit opened door to
  WB
• 20.04.2004 Commission recommends status of
  Candidate Country
• 01.05.2004 Big Bang enlargement
• 17.06.2004 Council proclaims Croatia candidate
  country
• 13.09.2004 Council adopts Accession Partnership
  for Croatia

12
Commission Says

• Political criteria
• Croatia is a functioning democracy, with stable
  institutions guaranteeing the rule of law. There
  are no major problems regarding the respect of
  fundamental rights.
• In April 2004, the ICTY Prosecutor stated that
  Croatia is now cooperating fully with ICTY.
  Croatia needs to maintain full cooperation and
  take all necessary steps to ensure that the
  remaining indictee is located and transferred to
  ICTY.
• Croatia needs to make additional efforts in the
  field of minority rights, refugee returns,
  judiciary reform, regional co-operation and the
  fight against corruption.
• On this basis, the Commission confirms that
  Croatia meets the political criteria set by the
  Copenhagen European Council in 1993 and the
  Stabilisation and Association Process
  conditionalities established by the Council in
  1997.

13
Commission Says

• Economic criteria
• Croatia can be regarded as a functioning market
  economy. It should be able to cope with
  competitive pressure and market forces within the
  Union in the medium term, provided that it
  continues implementing its reform programme to
  remove remaining weaknesses.

14
Commission Says

• Capacity to cope with obligations of membership
• Croatia will be in a position to take on the
  other obligations of membership in the medium
  term, provided that considerable efforts are made
  to align its legislation with the acquis and
  ensure its implementation and enforcement.
  However full compliance with the acquis in the
  field of environment could be achieved only in
  the long term and would necessitate increased
  levels of investment.

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Concerns - Political

• When will negotiations actually begin?
• Is there a Western Balkans package or individual
  approach?
• What could slow down the accession?
• Non-ratification of the Constitutional Treaty
• European concerns about Turkey
• Widening fatigue

16
Concerns - legal

• Judiciary
• Harmonization of law
• Implementation of law
• What is law?
• Legal Formalism

17
Concerns economic (and political)

• Dismantling subsidies and procurement as
  political instrument
• Privatization and withdrawal of political actors
  from economy
• Old dilemma liberalization vs. intervention

18
Concerns - cultural

• Will national identity be compromised in the EU?
• What will remain of national sovereignty?
• How can we dismantle omnipresent authoritarian
  culture?

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Conclusions

• Membership requirements have not changed, but
  there is an enhanced scrutiny and new safeguards
• Real problems will be disclosed once negotiations
  start. National regulation is still diverging,
  not converging with the acquis
• Addressing national concerns requires permissive
  political consensus. It is still lacking!

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