Report says Croatia is failing to fight crime and reform its judiciary

Commission report could complicate membership bid; Reding to discuss reforms with Croatian government.

In a surprise move, the European Commission yesterday (2 March) adopted a report that criticises Croatia for shortcomings in reforming its judiciary and in fighting corruption and organised crime. The report could make it more difficult for Croatia to complete negotiations by the end of June – and that would push Croatia’s date for joining the EU well into 2013.

“Overall, Croatia and its government have made considerable progress in the field of the judiciary and fundamental rights,” Füle told MEPs yesterday. “However, much remains to be done. Croatia has not met all closing benchmarks so far, and we are not therefore proposing closure of this chapter.”

This is the most difficult chapter in Croatia’s bid to join the European Union. Viviane Reding, the European commissioner for justice, fundamental rights and citizenship, is in Zagreb today for talks on the matter with the government. The Commission adopted the report a week earlier than had previously been scheduled, and diplomats suggested that it was brought forward to counter attempts by some member states to water down its criticisms. Croatia has powerful allies in the EU, above all Germany.

Numerous deficiencies

The report lists numerous deficiencies. Newly established structures for dealing with corruption and organised crime have not been fully tested in practice and are not yet fully staffed. The courts have yet to rule on most high-level corruption cases. Croatia has not yet “properly addressed” impunity for war crimes that have not been investigated or prosecuted and has failed to meet its own targets for 2009 to provide housing for more than 2,000 returning refugee households. New bodies governing the judiciary also need to create a “convincing track record” in appointing and promoting judges and prosecutors.

“There is no doubt whatsoever that Croatia should and will be part of the EU,” a Brussels-based diplomat said. “But it has to fulfil the criteria relating to the judiciary and fundamental rights – the bedrock of our union of values – and it’s not there just yet.” Another diplomat said that the demands of the report were “difficult” but that meeting them before the end of June was “feasible”. He said that Croatia was “absolutely committed” to meeting all conditions.

Election difficulties

Croatia’s centre-right coalition government will face a general election later this year, at the latest by November. A delay in the membership talks would damage the prospects for the ruling Croatian Democratic Union (HDZ) of Prime Minister Jadranka Kosor. It would also make it impossible for the government to arrange for a referendum on EU membership to coincide with the election.