Commission takes action to ensure Croatia correctly implements the European Arrest Warrant

On 18 September, the European Commission is launching the Article 39 procedure on Croatia. This means the activation of the justice and home affairs safeguard clause in Croatia's Accession Treaty to take appropriate measures in view of the continued non-compliance by Croatia with the European Arrest Warrant Framework Decision.

These measures include enhanced monitoring and the suspension of the Schengen Facility (established by Article 31 of Croatia's Accession Treaty). The Schengen facility was set up to support Croatia in the implementation of the Schengen acquis. These Schengen funds are currently earmarked to help prepare Croatia's Schengen accession.

Vice-President Viviane Reding, the EU's Justice Commissioner together with President Barroso and Commissioner Füle who is responsible for enlargement policy, informed the College about the facts and received full backing for action under Article 39 of Croatia's Accession Treaty.

On this basis the Commission has today started the consultation with member states on the proposed action. Member states have ten working days to provide comments.

This move follows numerous Commission warnings and exchanges with the Croatian authorities over the summer. The Commission has consistently requested a swift and unconditional correction of the Croatian legislation implementing the European Arrest Warrant to bring it back in line with the EU-acquis. This had been the commitment of the Croatian authorities during the accession negotiations. Whilst Croatia has offered to return its law to legality it set as a condition its entry into force on 15 July 2014. This long delay is unjustified. In June 2013 it had taken Croatia only a few days - just three days prior to Croatia's EU accession – to change its legislation in a manner which contradicts the European Arrest Warrant. Returning it back to conformity should not take longer.

Background and chronology of events

Croatia had correctly transposed the European Arrest Warrant through the Act on Judicial cooperation with member states of the European Union of 2010. It is on this basis that the negotiations on EU-accession were concluded and the Accession Treaty signed and ratified by the national parliaments of all other 27 member states. This was done in good faith and under the assumption that Croatia would honour its commitments taken during accession negotiations.

On 28 June 2013, just three days before accession, the Croatian parliament adopted far-reaching changes to its national law implementing the European Arrest Warrant. This was done despite warnings from the Commission that such amendments were incompatible with EU law. The revised law limits in time the application of the European Arrest Warrant. Under the modified legislation, Croatia would not have to surrender to other member states persons accused or convicted of crimes committed before 7 August 2002.

The possibility to limit the temporal application of the European Arrest Warrant was made available for member states at the time of adoption of the Framework Decision in 2002. Pursuant to Article 32 of the Framework Decision, member states could, at the time of its adoption, make a statement, and publish it in the Official Journal, indicating that as an executing state they would not apply the European arrest warrant retroactively for crimes committed prior to a certain date (7 August 2002). Only three Member States made such a declaration (Austria, France and Italy). Croatia did not include a corresponding clause in its Accession Treaty and therefore cannot make use of such an option.

The limitation of the European Arrest Warrant is a clear and serious violation of EU law. It thwarts the legitimate expectations of other member states to be able to request the surrender of alleged and convicted criminals from Croatia as of the countries' accession to the EU, under a rapid and efficient European Arrest Warrant system. According to the Croatian authorities by 6 September 2013, the country had received 121 requests under the European Arrest Warrant, 23 of them for offences committed before 7 August 2002. There are therefore more than 20 requests under the European Arrest Warrant that Croatia does not honour at the moment.

For more information on the European Arrest Warrant, click here.

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