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Croatia defies EU on arrest warrant

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Published 26 August 2013

Croatia, who joined the EU on 1 July, is already entangled in a major conflict with the European Commission. In late June, Zagreb changed its legislation, not allowing the European Arrest Warrant to apply for crimes committed before 2002. 

 

Commission Vice President Viviane Reding wrote to Zagreb, warning that the country could lose EU funds if it did not change its new law.

But Croatia, which recently became the 28th EU member state, does not appear to want to take any risks that the European Arrest Warrant (EAW) is used against top military and officials who participated in the Yugoslav wars. A deadline to respond to Reding’s letter expired at midnight on 24 August.

On 28 June, Croatia passed a law dubbed Lex Perković limiting the application of the EAW to crimes committed after August 2002.

In a letter to Justice Minister Orsat Miljenić at the end of July, Reding wrote that Croatia's amendment of the law was not in accordance with European legislation and should be corrected.

Croatia's government will not make a decision on Lex Perković in the next weeks, but the country's justice minister will reply to Reding's letter, the Croatian prime minister, Zoran Milanović, was quoted as saying by the website Dalje.com on 24 August.

"The European Commission has never discussed this topic, however, our minister [Orsat Miljenić] will answer the letter by the European Commissioner. One thing is certain, the cabinet will not be making decisions on the matter in the next few weeks," Milanović said at a news conference after he held a trilateral meeting in Graz with Austrian Chancellor Werner Faymann and Slovenian Prime Minister Alenka ​Bratušek.

This matter is not being discussed in Europe and Faymann learned of it accidentally, Milanović further said. The EAW is applied differently depending on the member state, he added. He said Austria, as an older EU member, is eligible for exemptions and time limits, while Croatia and Slovenia are not entitled to such derogations.

“Croatia is not trying to dodge the warrant, and it respects the EAW, but it will request a discussion on the matter to be held by the European Council," Milanović said.

Positions: 

Mina Andreeva, spokesperson to Commission Vice President Viviane Reding, said today (26 August) that the EU executive had not received a reply from the Croatian authorities to her letter.

“The European Commission deeply regrets that the Croatia has not responded to our urgent call with regards to implementation of the European arrest warrant,” Andreeva stated.

She added that the fact that the Croatian national legislation had been changed three days prior to accession was “a breach of trust” with regard to the other member states, which have ratified in good will and trust Croatia’s accession treaty, and was “not a minor issue” for the Commission.

“This infringement of EU law goes into the very heart if European judicial cooperation,” Andreeva said. She announced that Reding would bring the matter to the attention of the entire college of commissioners at their meeting on 4 September, and to the justice and home affairs ministers at their next meeting on 7-8 October.  

Asked by EurActiv to comment if it was possible for Croatia to have a special arrangement on the application of EAW, Andreeva said that when this piece of EU law was negotiated, before the enlargement wave of 2004-2007, some older members included declarations to limit its application. But this possibility had only been open to the member countries negotiating the law. Moreover, Croatia did not ask for any transitional arrangements or op-outs with regard to EAW, she underlined. 

EurActiv.com

COMMENTS

  • Laws are never made retrospective

    By :
    J. Camilleri
    - Posted on :
    26/08/2013
  • The guilty are are in fear of the crimes committed & they are the UDBa collaborators....they are scared being exposed as Mr Lex Perkovic may open up a can of worms.

    By :
    Mrk
    - Posted on :
    26/08/2013
  • It's not about applying laws retrospectively, it's about whether the warrant is effective for cimes committed before 2002. According to J. Cammilleri's "logic", no crime could ever be prosecuted after it had been committed because that would be applying the law retrospectively. Only arrests made at the moment of the crime could be prosecutable!

    Croatia is just looking to protect its war criminals and waited to get into the EU to start protecting them. They knew if they were too overt about covering for their war criminals before joining they wouldn't have been let in.

    By :
    European
    - Posted on :
    26/08/2013
  • It's not about protecting the war criminals it is about protecting the UDBa who created a mafia styled corrupt political system in Croatia and the same one who have been enjoying the high life of purchasing industries, businesses and factories for 1 kuna. Thank you EU as I have my confidence in you in putting an end to this. Also the Croatian politicians are trying to get votes on their side from their citizens and using propaganda that our generals may be in danger...what rubbish. If you are innocent you should not be afraid.

    By :
    Mrk
    - Posted on :
    26/08/2013
  • Croatia already has no respect for EU law and only just joined the EU. If they do not respect EU what chance do the citizens of Croatia have.......[zero, nil, nulla,, nista]

    By :
    Mrk
    - Posted on :
    26/08/2013
  • Thanks Mirka, for the clarification. I knew it was about protecting someone who shouldn't be protected!

    Yes, we don't need people like the UDBa anymore in Europe. And, the Croatian government should be the ones leading the drive for their prosecution.

    By :
    European
    - Posted on :
    26/08/2013
  • Euractiv came up with wrong conclusions. The subject is
    not about "fraternal" (Croats and Serbs are not brothers!)wars, but about the communist Yugoslavia's UDBa - Secret Service -that ordered killings of anti-
    communist Croats in Germany. Germany now wants the UDBa top man Perkovic, still free in Croatia, extradited for trial in Germany. the new, neocommunist Croatian government refuses to do so.

    By :
    truthout
    - Posted on :
    27/08/2013
  • So,
    According to Croatia then, you should not arrest any criminals after they have gotten away with their crimes. I.e. murders, thieves, rapists, and that of course would have included Adolf hitler and all his NAZI hierarchy, should not have been arrested and tried.
    That means we can abolish and close 99% of all prisons and release all the felons.
    Stupidity reigns.
    I bet Croatia isn't planning on releasing all its criminals and compensating them because they weren't caught "in the act" !!!

    By :
    Raymond Blaker
    - Posted on :
    27/08/2013
  • Thanks truthout, Mirka already clarified my error. I assumed this move was related to the wars because it was about blocking extradition. But, as you say, there are specific UDBa people whom they are trying to protect with this "Lex Perković" law, which makes their violation of the EAW even more outrageous. Not to mention, Crotia, only just joined, not even bothering to respond to the Commission letter.

    By :
    European
    - Posted on :
    27/08/2013
  • I would not be so hasty to decry Croatia, as the mere look on the EAW act reveals number of MSs that secured similar limitations. It is indeed peculiar Croatia did not raise this issue during the negotiations and ask for conditions similar to some other MSs... But then again, it is imaginable it got signals from others it would never pass (Council decisions regarding negotiations are made unanimously).

    I would not dismiss the hidden agenda was indeed linked to the war crime issues, as this still remains politically inflammable topic over there. Precedent with Perkovic would make impossible to reject war-related EAWs if they pop out eventually... and we know there are European countries with courts that claim competences in these matters regardless of time and place of the alleged crime.

    One thing's for sure, though. EU's legal and political system is perfectly equipped to deal with cases like this one. And if the Commission is right, Croatia can stale this case only to the point it reaches the ECJ.

    By :
    European1
    - Posted on :
    27/08/2013
  • Mr Milanovic is starting to talk "WAFFLE" now and avoiding what is critical here........do you support criminals or oppose them......a serious crime does not have an expiry date.....would Milanovic apply this same rule to Ante Pavelic or Adolf Hitler. Does Milanovic have any involvement here &/or protecting his cronies. Milanovic should not have any fear if Lex Perkovic is a clean man. I have noticed Mr Milanovic has aged quite a bit in the past few days.....the "Lex Perkovic" issue is the final straw in smashing the UDBa led mafia style political operations in Croatia. The EU will smash this and win. mr Milanovic is making a fool out of himself as more time passes since the deadline. Mr Milanovic should also tell how the superpower USA should run their policies...well isn't he trying to do this to the EU (if not already so)

    By :
    Mark
    - Posted on :
    28/08/2013
The content of this field is kept private and will not be shown publicly.
Croatian Prime Minister Zoran Milanović
Background: 

Croatia fought for its independence from the former Yugoslavia in a war which lasted from 1991 to 1995. Atrocities were committed by both sides during the fratricidal conflict.

Some of the questions that still burden bilateral relations, include the fate of the people who disappeared during the war, the return of Serbian refugees who left Croatian during the war, war crimes, the division of the Former Yugoslavia's property, and mutual lawsuits for genocide.

Serbia filed a lawsuit for genocide against Croatia at the International Court of Justice on 4 January 2010, a move seen as retaliation to an earlier lawsuit lodged by Croatia. Serbs' claims of genocide refer to Operation Storm in 1995, while Croatia's accusations are instead linked to Slobodan Milosevic's ethnic cleansing. Later, the two countries took steps toward reconciliation.

>> Read: Serbian, Croatian MPs meet to boost ties

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