An online discussion, organised by Ombudswoman Tena Šimonović Einwalter, was held on Tuesday, 6 February 2024, on the state of human rights and the rule of law in Croatia, with a particular focus on the European Commission’s 2023 Rule of Law Report for Croatia and the implementation of the recommendations contained therein.
In addition to the Ombudswoman, the discussion featured Jože Štrus of the European Commission’s Directorate-General for Justice, Dragana Milunić Pakozdi, advisor to the Minister of Justice and Public Administration, and Ivan Novosel, Programme Director at the Human Rights House Zagreb. The event was moderated by Deputy Ombudswoman Dijana Kesonja.
Comparative insight across Member States
The Rule of Law Report, Ombudswoman Šimonović Einwalter noted, represents an important dialogue between national institutions and the European Commission toward the shared objective of safeguarding the rule of law and human rights. She added that it is encouraging the Report receives attention and is being publicly discussed not only at the European and national levels, but also regionally and locally, thereby enhancing its effectiveness. She highlighted the value of the Report as a comparative tool across all EU member states, and underlined that the incorporation of recommendations contributes to addressing systemic issues more effectively.
She outlined three key stages: the Commission’s data collection phase, the publication and visibility of the Report at national level, and the monitoring of the implementation of recommendations issued in previous cycles.
In its latest Report, the Commission issued six recommendations for Croatia. Recommendation No. 6 underlines the need for further improvement in implementing the Ombudswoman’s recommendations and for more systematic responses from state authorities regarding the delivery of requested information and data. This is also an example of how the Commission strengthens the role of independent institutions.
A new mechanism for evaluating the implementation of Ombudswoman’s recommendations
Šimonović Einwalter emphasized that the operating conditions of independent institutions serve as key indicators of a country’s adherence to the rule of law. Regrettably, she said, the Croatian Parliament has yet to discuss either the 2022 Annual Report of the Ombudswoman or the special report on the impact of the COVID-19 pandemic on human rights and equality.
With regard to the 2022 Annual Report and the government’s opinion-based assessment issued shortly after the submission of the Report, data show that one-third (33.52%) of the Ombudswoman’s recommendations have been implemented or are in the process of implementation—less than in previous years (45% in 2021, 43% in 2020). A final assessment will be included in the forthcoming 2023 Annual Report.
However, in line with the European Commission’s Rule of Law Report recommendation, a mechanism for tracking the implementation of the Ombudswoman’s recommendations has been reintroduced, to be coordinated by the Government Office for Human Rights and Rights of National Minorities. This office will collect data from the competent authorities on the degree of implementation of recommendations addressed to them. Additionally, the newly established Government Council for Human Rights aims to better identify human rights challenges and enhance implementation of the recommendations, thus contributing to improved rights protection.
Making lobbying transparent
Speaking about the other Commission recommendations regarding Croatia, the Ombudswoman highlighted Recommendation No. 2, which calls for the adoption of a Law on Lobbying—the first of its kind in Croatia. She stressed that her Office had long advocated for greater transparency in preventing corruption risks, and welcomed the Ministry of Justice and Public Administration’s decision to incorporate these proposals at an early stage of drafting the law.
The proposals include the need for clear definitions—for example, who qualifies as a lobbyist—and the establishment of a register of lobbyists, along with a “cooling-off” period between holding certain public functions and engaging in lobbying activities.
Early identification of SLAPP lawsuitsReferring to Recommendation No. 5 on SLAPP lawsuits (Strategic Lawsuits Against Public Participation), which predominantly target the media, the Ombudswoman reiterated her Office’s long-standing position that such lawsuits significantly and negatively affect media freedom— particularly when directed at smaller, independent media outlets, where adverse judgments may threaten their survival. Her Office participates in the working group at the relevant ministry on this issue.
Four pillars of the EC Rule of Law Report
Jože Štrus from the Directorate-General for Justice explained that the Report is structured around four pillars: national justice systems, anti-corruption frameworks, media pluralism, and institutional checks and balances. Over the past two years, it has also included specific recommendations to member states designed to strengthen rule of law standards. He noted that the fifth edition of the Rule of Law Report is currently being prepared and will be published during the summer.
Dragana Milunić Pakozdi presented the Ministry’s efforts to implement the Commission’s recommendations, including the abolishment of security vetting for the appointment of judges and state attorneys, activities related to salaries of judicial staff, the drafting of the Lobbying Law, amendments to the Criminal Procedure Act and the USKOK Act, the introduction of femicide as a specific criminal offence, and the implementation of the Ombudswoman’s recommendations via the newly established mechanism.
Ivan Novosel, Programme Director of the Human Rights House Zagreb, also spoke about the importance of the Rule of Law Report. He emphasized the need for even more in-depth analytics identifying the sources and consequences of specific problems for vulnerable groups across the four pillars, which would make the Report an even stronger and more effective tool for the protection of human rights and equality.
The discussion took place as part of a regional project led by the Office of the Ombudswoman in cooperation with the EU Agency for Fundamental Rights (FRA), co-funded through the EEA and Norway Grants Fund for Regional Cooperation and implemented in cooperation with several national human rights institutions and the European Network of National Human Rights Institutions (ENNHRI).