The Commission on Tuesday published its second annual report on the rule of law in the EU member states, a new instrument that should help in early detection and prevention of problems relating to the rule of law.
The report covers four key areas: the justice system, the anti-corruption framework, media freedom and pluralism, and institutional issues relating to checks and balances.
The Commission noted that the report only provides a description of the situation without giving any recommendations and is not designed as a ranking. Its purpose is to raise public awareness and promote open discussion between the member states on rule of law issues both at national and at EU level.
The justice system
The Commission says that the Croatian justice system has seen improvements in reducing length of proceedings and backlogs, but that further improvements are still needed to address serious efficiency and quality challenges.
“The ongoing process for appointing the new Supreme Court President has given rise to controversy and to repeated disparaging public statements against judges”, and “the Constitutional Court stressed the importance of cooperation between state authorities” in addressing different views on the appointment of the Supreme Court President.
“The State Judicial Council made proposals to strengthen its role in selecting judges – an issue already raised in the 2020 Rule of Law Report.”
Without naming any names, the report says that “a series of alleged ethical breaches and disciplinary violations by judges led to proceedings before the State Judicial Council and Judges’ Councils, as well as to a criminal investigation.”
“The level of perceived judicial independence remains very low. Shortages in human resources of the State Judicial Council and the State Attorney’s Councils remain, even if some limited reinforcements have been allocated to verify the newly published asset declarations of judges and state attorneys,” the Commission says.
The anti-corruption framework
The reports notes that a new Strategy on the Prevention of Corruption for 2021-2030 is in the public consultation process, envisaging the strengthening of the legal framework on prevention of conflict of interest, which is currently being drafted. Codes of Ethics for members of the Government and for members of Parliament are still missing, while “revolving doors” are only partially regulated.
“Detailed rules on lobbying activities remain to be introduced. While changes to the framework of political immunity of the members of Government were announced, the legislative action has yet to follow. Public procurement procedures remain a high-risk area for corruption, and several cases have been discovered due to reporting by whistleblowers. The prosecution and investigation of high-level corruption continues, but due to protracted proceedings convictions are often delayed.”
Media freedom
“Croatia is updating its media legislation to transpose the Audiovisual Media Services Directive, with the revision of the Electronic Media Act to be adopted still in 2021. Concerns about the political independence of the Agency for Electronic Media persist,” the Commission says.
“Croatia has a solid framework on transparency of media ownership information and envisages further improvements. While state advertising is partly regulated by the Electronic Media Act, stakeholders report it often undermines the political independence of media outlets which are economically dependent on such funding, notably at local level.
“A legal framework for the protection of journalists is in place, but they continue to face threats. In particular, the high number of strategic lawsuits against public participation (SLAPPs) targeting journalists continues to be a serious concern. Access to information is ensured by law, but delays in the processing of requests from journalists persist.”
Checks and balances
The Commission says that although public consultations are embedded in legislative procedures, stakeholders perceive citizen participation to be rather formalistic than substantive.
It notes that Croatia did not declare a state of emergency, and COVID-19 pandemic measures were based on the twice-mended law regarding infectious diseases. “The Constitutional Court has reviewed these measures, finding that they were compatible with the Constitution and also ruled that Parliament should find ways to guarantee its functions during the pandemic.”
“The People’s Ombudsperson’s access to the information required to undertake investigations
needs further improvement. The National Plan for Creating and Enabling Environment for
the Civil Society Development 2021-2027 remains in drafting phase since 2016 – an issue
raised in the 2020 Rule of law Report,” the Commission says.
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