What Milanović and Miljenić Responded to Brussels

The Ministry of Justice has confirmed that Minister Orsat Miljenić responded to the letter from Commissioner Viviane Reding regarding the so-called ‘Lex Perković’. According to the spokesperson for the European Commission, Prime Minister Zoran Milanović sent a letter to the President of the European Commission, José Manuel Barroso, assuring him that Croatia is ready to align its laws with EU legislation.

‘Croatia will take the necessary measures to align its Law on Judicial Cooperation with the legal acquis accepted during the accession negotiations,’ states the letter to Barroso regarding the so-called ‘lex Perković’. The Prime Minister writes that he feels it is essential to inform Barroso about the recent events concerning ‘differences in the interpretation of the implementation of the European Arrest Warrant between the competent Directorate-General of the European Commission and Croatia regarding the sovereign equality of EU member states’.

The Prime Minister emphasizes that at this stage he would not even address the President of the European Commission ‘if we had not been shocked yesterday by the statement of the spokesperson for Vice-President Reding’, who said that ‘criminals suspected of murdering Croatian dissidents in other EU countries during the communist regime can continue to hide behind the borders of Croatia’.

Furthermore, Milanović continues, she threatened sanctions and the application of Article 39 of the Accession Treaty, concluding that ‘Croatian actions represent a serious violation of EU law’. If that were the case, a significant number of member states would be in the same violation, believes the Croatian Prime Minister.

‘Unfortunately, as the President of the European Commission, I must seek protection from you, but also an explanation of how it is possible for a member state of the EU to be directly accused of protecting ‘communist murderers and criminals’,’ wrote Milanović.

The spokesperson for the European Commission, Mina Andreeva, also confirmed that Vice-President Reding received the letter from the Croatian Minister of Justice yesterday evening. The letter, she says, shows a constructive approach to the problem and it can be concluded that Croatia is willing to change the law and align it with EU legislation.

In his letter, Minister Miljenić presents arguments showing that the Government respects EU laws and lists the demands of European countries that Croatia has fulfilled since the European Arrest Warrant has been in force, as well as the names of Croatian citizens who have been extradited based on arrest warrants. The Government believes that it has the right and expects to be treated like other countries that have restrictions.

The letter also states that ‘the Government takes this opportunity to propose to the European Commission the initiation of an initiative for the equal application of the European Arrest Warrant in all member states, due to the establishment of equality among the citizens of the European Union and strengthening legal certainty.’