Transcript Croatia and EU – hopes and concerns

Croatia and EU – hopes and
concerns
Siniša Rodin
University of Zagreb
http://eu.pravo.hr
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
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."
Requirements
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Copenhagen
Beyond Copenhagen
Enhanced Scrutiny
Suspension Clause
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.
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
Enhanced Scrutiny – feasibility
study
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Luxembourg criteria for commencement of negotiations for
conclusion of an SAA (1997)
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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
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.
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
The SEE (Western Balkans)
Approach Wrap-up
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Copenhagen Criteria
Regional Cooperation
Cooperation with ICTY
Enhanced scrutiny
Suspension Clause
In practice: (1991 – 2005)
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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 is ACCESSION
Commission Says:
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Political criteria
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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.
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.
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.
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
Concerns - legal
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Judiciary
Harmonization of law
Implementation of law
What is law?
Legal Formalism
Concerns – economic (and political)
 Dismantling subsidies and
procurement as political instrument
 Privatization and withdrawal of
political actors from economy
 Old dilemma: liberalization vs.
intervention
Concerns - cultural
 Will national identity be compromised
in the EU?
 What will remain of national
sovereignty?
 How can we dismantle omnipresent
authoritarian culture?
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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