IBA Business and Human Rights Guidance for Bar Associations
Challenges in accession negotiations LJDW
1. Challenges in
accession negotiations
Chapter 23 – Judiciary and
Fundamental Rights
Law, Justice and Development Week 2014
Kristian Turkalj, PhD
2. What is the current situation in Croatia
upon the EU-accession process?
¨Croatia is a MS of EU from 1. 7. 2013.
¨Membership did not bring expected benefits
¨Weak absorption capacity of EU funds
¨Croatia now need to learn how to be efficient
player in the EU
3. What were the key reform challenges in the
field of rule of law?
¨Judicial Reform
—Independence, impartiality, accountability,
professionalism and efficiency
¨Combating corruption
—Prevention and Repression of corruption
¨Protection of Human Rights
—Anti-discrimination, protection of national
minorities, procedural rights
¨Prosecution of War Crimes
4. Where did the EU integration process act as
an accelerator of transformation?
¨Creation of political will
¨Readiness of judiciary for changes
¨Effective decision making process
¨Professionalism of public administration
¨Dialogue with civil society
5. In which fields was the integration process an
impediment to reforms?
¨Coherence of national legal system due to
process of harmonisation legislation
¨Creation of numerous institutions
¨Selling some questionable legislation
changes as EU conditionality
7. Lessons learned around rule of law reforms and EU
integration process
¨Integration process is important accelerator
for needed internal reforms
¨Opportunity to bring judiciary up to best
standards
¨Opportunity to use expertise from different
countries
¨It is important for democratisation of country
8. What are the next steps?
¨Learn how to do business in the EU
¨Develop professional administration capable
to absorb EU funds
¨SCHENGEN
¨EURO
