Croatia and EU – hopes and concerns

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

7. 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

8. 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.

9. 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

10. The SEE (Western Balkans) Approach Wrap-up • Copenhagen Criteria • Regional Cooperation • Cooperation with ICTY • Enhanced scrutiny • Suspension Clause

11. 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 • 08.10.2004 – Ratification by 15 completed • 21.12.2004 – Additional protocol signed, 10 new MSs adhere to SAA • 01.02.2005 – SAA enters into force • 17.03.2005 – Negotiations postponed, Commission adopts Negotiations Framework – goal of negotiations isACCESSION

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.

15. 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?

19. 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!

20. http://eu.pravo.hr