On 5 July 2023, the European Commission published its fourth annual Rule of Law Report, highlighting trends in this area, providing recommendations to Member States to strengthen the rule of law, and assessing the implementation of recommendations from the previous year’s report.

This year, the Commission issued six recommendations to Croatia, including a call for improved implementation of the Ombudswoman’s recommendations and more systematic responses to her requests for information.

Access to information is essential for the Ombudswoman to conduct inquiries in individual cases and to analyse systemic issues for inclusion in the annual report. The recommendations presented in the annual report are a key tool for identifying necessary reforms in various areas, but such reforms can only occur if the recommendations are taken seriously and implemented to a greater extent than has been the case thus far.

Ombudswoman Tena Šimonović Einwalter welcomed the Commission’s support for the independent institution of the Ombudswoman and for the role it plays in strengthening the rule of law in Croatia.

She also called on the Republic of Croatia to make strong efforts to implement the Commission’s recommendations, with the aim of reinforcing the rule of law as a fundamental constitutional principle, a core value of the European Union, and a prerequisite for the protection of democracy and fundamental human rights.

Support for the Ombudswoman’s institution in its efforts to strengthen the rule of law in Croatia was also expressed by the European Network of National Human Rights Institutions (ENNHRI) in its 2022 Rule of Law Report. The report emphasised the need for additional resources due to the expanded mandate of the institution, including the appointment of a fourth deputy, especially given the institution’s horizontal organisational structure, where the Ombudswoman and her deputies are the only executive staff (with no department heads or similar positions).

In this context, the Commission also noted that the Ombudswoman’s request for a dedicated deputy for whistleblower protection had not been granted.

Historically, the Ombudswoman’s Office had three deputies even during its early period when the institution had a single mandate and operated under one law. Today, the institution holds five mandates and operates under four separate laws, yet the Ombudswoman still has only three deputies, despite the significant increase in both responsibilities and workload. This highlights the need for the Croatian Parliament to appoint a fourth deputy, an idea previously supported by numerous Members of Parliament during the discussion of the 2021 annual report. The need for a fourth deputy was also reiterated in the 2022 annual report, which is yet to be debated in Parliament.

 

Six Recommendations to Croatia

In its Rule of Law Report, the Commission reminded Croatia of its obligations under the National Recovery and Resilience Plan regarding certain aspects of the judicial system and the anti-corruption framework. It therefore recommended that Croatia:

  1. Continue structural efforts regarding the salaries of judges, prosecutors, and judicial staff, in line with European standards concerning judicial resources and remuneration.
  2. Adopt comprehensive legislation on lobbying, including regulations for persons in senior executive positions, and establish a public register of lobbyists.
  3. Revise the Criminal Procedure Act and the Law on the Office for the Suppression of Corruption and Organised Crime (USKOK), as outlined in the Anti-Corruption Strategy, to enhance the effectiveness of investigations and prosecutions in corruption cases.
  4. Make progress in strengthening the framework for fair and transparent allocation of state advertising funds, by setting clear criteria, good practices, and oversight mechanisms to ensure the proper functioning of public tenders for local and regional media.
  5. Take further steps to address strategic lawsuits against public participation (SLAPPs) targeting journalists, including by revising defamation provisions and promoting broader use of procedural rules that allow for the dismissal of unfounded lawsuits, in line with European standards for journalist protection.
  6. Further improve the implementation of the Ombudswoman’s recommendations and respond more systematically to her requests for information.

 

“Some Progress” in Implementing Most of Last Year’s Recommendations

The Commission assessed that Croatia has made “some progress” in implementing the 2022 recommendation to ensure a more systematic approach to the Ombudswoman’s recommendations and to provide the requested information. This assessment is supported by the fact that the Government’s Human Rights Council, an advisory body established in 2021, has held four meetings, including one specifically addressing the implementation of the Ombudswoman’s recommendations, where all state bodies were called upon to implement them.

It was also noted that in 2022 there was an improvement in the implementation of recommendations — 45% of all recommendations from the 2021 Ombudswoman’s Report have been implemented or are in the process of being implemented, up from 43% in 2020.

However, the Commission pointed out that the Ombudswoman did not receive responses to some of her recommendations and that, at the time of drafting the Rule of Law Report (spring 2023), Parliament had yet to discuss the 2021 Ombudswoman’s Report in plenary.

The Commission also noted that discussions were ongoing with the Ministry of the Interior regarding the Ombudswoman’s direct access to the Ministry’s information system related to the treatment of irregular migrants. It reminded that, under the Ombudsman Act, the Ombudswoman has the right to access information and to review data and documents from national authorities when performing her duties.

In the section on the judiciary, the Commission noted that communication with the public about the work of the courts could be improved, a recommendation also made by the Ombudswoman.

 

The Commission also assessed that Croatia made “some progress” in adopting comprehensive legislation on lobbying and establishing a public register of lobbyists, including for senior executive officials. Similar progress was noted in addressing SLAPPs against journalists, particularly concerning misuse of defamation laws and the need for better awareness in line with European standards.

The only area where “significant progress” was reported was the recommendation to reconsider the recently introduced periodic security checks for all judges and prosecutors conducted by the national security agency. Instead, Croatia was advised to ensure judicial integrity through other existing mechanisms, in accordance with European standards on judicial independence and the autonomy of public prosecutors, as well as the opinion of the Venice Commission.

Finally, the Commission found that there was no progress in further strengthening the framework for fair and transparent allocation of state advertising funds, due to the absence of clear criteria, good practices, and oversight measures to ensure effective implementation of the new public tender process for local and regional media.

The full Rule of Law Report by the European Commission can be found [here] (in English), and the section on Croatia [here] (in Croatian).