European Arrest Warrant: current Socialist government severely undermining Croatia's credibility

On 28 June 2013, three days before its EU accession, the Croatian Parliament adopted important changes to its national law implementing the European Arrest Warrant in order to limit the temporal application of the EAW, with the objective of avoiding surrender under the EAW to other Member States of persons accused of crimes committed before 7 August 2002.

Schengen Acquis Rapporteur Carlos Coelho MEP said: “This represents a serious shortcoming and falls under the provisions of Article 39 of the Act of Accession of the Republic of Croatia to the European Union. I fully support the activation of the justice and home affairs safeguard clause by the European Commission in order to oblige Croatia to comply with its obligations and to guarantee the correct implementation of the Schengen Acquis, necessary for the good functioning of the area of freedom, security and justice.”

“It is simply unacceptable for a new Member State to refuse to follow the Treaty obligations and to refuse to implement EU law, especially when it comes to such a sensitive topic like the delivery of criminals.”

Vice-Chairman of the EPP Group, Manfred Weber MEP, added: “The EU is a community based on justice and trust. Behaviour such as that of the Croatian Government is unacceptable. The European Commission should build up massive pressure and strive to impose effective sanctions.”

“The reinforcement of Schengen and the creation of an Area of Freedom, Security and Justice have been a priority for the European Parliament and we cannot accept any actions which might hamper the mutual trust and confidence that is necessary to make judicial cooperation work smoothly and efficiently in the EU area of Justice”, concluded the Portuguese MEP Carlos Coelho.

In practical terms, this limitation would imply that Croatia would not have to answer to any requests under the EAW for offences committed before 7 August 2002, in particular requests for the transfer of alleged criminals who are accused of the murder of dissidents and critical voices of the Yugoslav regime in the 1980s.

In legal terms, the possibility to limit the temporal application of the EAW was only available at the time of adoption of the Framework Decision in 2002. It is clear that Croatia didn't have this right and the adoption of such a Decision is a clear and serious violation of EU law.

“Croatia’s Socialist government is driving the new Member State into a corner and is consequently damaging the country’s reputation tremendously”, concluded Weber.

With the European Arrest Warrant being the most important EU criminal law judicial co-operation instrument, it is unacceptable that a Member State unilaterally tries to significantly reduce its scope of application, limiting its effects. Moreover, that it takes such a Decision only three days before accession and after having received a warning by the Commission in a letter sent by Vice-President Reding to the Croatian Minister of Justice Orsat Miljenié, the day before the adoption by the Croatian Parliament. The entire college of Commissioners today took the decision to pursue the sanctions and were right to do so.

Besides the numerous requests and warnings made by the European Commission, as the guardian of the Treaties, for a swift and unconditional correction of the Croatian legislation to be brought into line with the EU-acquis, there is a clear lack of willingness from Croatia to comply with these important obligations under EU law, which were accepted during accession negotiations.