The Croatian Parliament and European Affairs
- Petar Bačić
- 5 days ago
- 8 min read
Updated: 1 day ago
Exactly twenty years ago, the European Council granted Croatia the status of candidate country.[1] Just a few days before the meeting of the European Council, at which the decision on the final date for the opening of negotiations would be made,[2] the Croatian Parliament adopted a joint statement of the then parliamentary parties on the existence of a consensus regarding the issue of Croatia’s accession to the European Union.[3] Seen from the current perspective, as far as its overall engagement in European affairs is concerned, one should note that from the very beginning of Croatia’s accession (the formal application was lodged in 2003), the Croatian Parliament and its members actively participated and played a significant role in the whole process.
In accordance with Art. 71 of the Constitution of the Republic of Croatia (further: ‘constitution’[4] the Croatian Parliament is the representative body of citizens of the Republic of Croatia, and is vested with legislative power. The position and role of the Croatian Parliament regarding European affairs today is regulated by the constitution, the Act on the Cooperation between the Croatian Parliament and the Government of the Republic of Croatia in European Affairs,[5] and the Standing Orders of the Croatian Parliament.[6]
It can be said that the process of accession of Croatia to the EU had already started by the end of the 1990s, and in 2000 the Croatian Parliament actively engaged by establishing its first working body related to EU affairs. That was the European Integration Committee, tasked primarily with monitoring the harmonisation of the Croatian legal system with the acquis communautaire, as well as with monitoring of overall cooperation programs and processes. Since Croatia was granted candidate country status in 2004, the European Integration Committee participated in the work of the Conference of Parliamentary Committees for Union Affairs (COSAC) as an observer.
Contractual relations between Croatia and the EU began with the signing of the Stabilisation and Association Agreement (SAA) in October 2001, which was ratified in the Croatian Parliament in December the same year.[7] Under the SAA the Croatia-EU Joint Parliamentary Committee was established in 2004, consisting of MEPs and Croatian parliamentarians. Formed as a forum for cooperation and political dialogue, the Joint Committee discussed the issues regarding Croatia’s accession to the EU as well as various issues concerning effective operation and development of the Union. The Joint Committee met twice a year and consequently adopted joint declarations and recommendations.
Besides the aforementioned committees that were active until Croatia’s accession to the EU in 2013, another special working body tasked with political control of the negotiation process was established in the pre-accession period. This was the National Committee, formed in 2005 with the competences to politically supervise and evaluate the course of negotiations. The National Committee also represented a forum for consultations between parliamentary parties and the government. Since it was specifically tasked with monitoring negotiations, the National Committee was active until the closing of negotiations in June 2011.[8]
After closing negotiations, the Croatian Parliament adopted the decision on calling a state referendum on the accession, which was held on 22 January 2012. The EU accession referendum passed with 66.27% votes cast in support, and as a consequence of that binding decision the Croatian Parliament ratified the Treaty of Accession to the EU on 9 March 2012.
As in every member state of the European Union, in accordance with the fact that each state is in principle free to choose the model of involving its national parliament in discussing European matters, the parliamentary scrutiny of European affairs in Croatian Parliament takes a unique form, in the sense that it reflects both domestic habits and national constitutional tradition.[9]
The Act on Cooperation between the Parliament and the Government of the Republic of Croatia in European Affairsstipulates that the parliament monitors and controls the government’s work within the EU institutions, reviews the EU documents and Croatia’s positions, and reaches conclusions thereon. It also monitors compliance with the principle of subsidiarity, participates in putting forward Croatian candidates for the EU institutions and bodies, takes part in cooperation between national parliaments, cooperates with the European Parliament etc.[10] Parliament therefore scrutinises European affairs indirectly by monitoring the activities of the government in the institutions of the Union, as well as directly by exercising the powers conferred on national parliaments by the Treaty of Lisbon.[11]
With Croatia’s accession, the main parliamentary tasks concerning issues arising from EU membership are vested in the hands of the European Affairs Committee.
The powers and composition of the European Affairs Committee are regulated by the Standing Orders of the Croatian Parliament (Art. 64-66). The European Affairs Committee performs different activities pertaining to European affairs and acts as the main coordination body in that regard. It monitors the activities of parliament in European affairs; adopts the Work Programme for the Consideration of the Positions of the Republic of Croatia; considers the documents of the European Union and the positions of the Republic of Croatia in relation to the documents of the European Union, and may adopt conclusions thereon; considers the reports of the government on the meetings of the Council of the European Union; conducts the procedure of monitoring compliance with the principle of subsidiarity; adopts a conclusion proposing to the competent authority to implement a regulatory impact assessment procedure in accordance with law; takes part in the process of nominating candidates of the Republic of Croatia for EU institutions and bodies; monitors the alignment of the legal system of the Republic of Croatia with the EU acquis; participates in the COSAC; co-operates with the European Parliament and the European Affairs committees of national parliaments; proposes to the Speaker of Parliament to conduct a debate on the position of the Republic of Croatia for European Council meetings; and submits an annual report on its activities to parliament. The committee also has the rights and duties of a competent body in European affairs pertaining to adopting conclusions on the application of passerelle clauses, and amending the treaties of the European Union.[12]
As monitoring of compliance with the principle of subsidiarity is concerned, it is important to say that every member of parliament and political groups, parliamentary working bodies and the government have the right to launch a procedure of monitoring. The procedure is conducted by the European Affairs Committee, which must react within a period of seven weeks after the date on which the draft legislative act was submitted by the institutions of the European Union. The European Affairs Committee may as well, at its own initiative, initiate a procedure of monitoring compliance with the principle of subsidiarity.[13] If the committee establishes that the said draft legislative act of the European Union breaches the principle of subsidiarity, it shall adopt a reasoned opinion thereon and submit it to the speaker of the parliament. The speaker shall submit the reasoned opinion to the government, the presidents of the European Parliament and of the European Commission, and to the Presidency of the Council of the European Union.[14]
As far as scrutinising the work of the national government in EU affairs is concerned, the powers of the Croatian parliament are executed by the European Affairs Committee. The committee discusses the government’s reports on the meetings of the European Council as well as on the meetings of the Council of the European Union and preparations for its next meeting, immediately upon receiving the report. After the debate, the European Affairs Committee may adopt a conclusion thereon and submit it to the speaker of the parliament. Besides conducting debates and adopting conclusions on the positions of the Republic of Croatia and EU documents, the European Affairs Committee takes part in the process of proposing candidates for the institutions and bodies of the European Union.
Finally, considering all the above, as well as other relevant provisions of the parliament’s standing orders, it may be concluded that although different parliamentary working bodies are involved in conducting of parliament’s activities with regard to Croatia’s membership in the EU, it is exactly the European Affairs Committee that has the pivotal role in the participation of the Croatian parliament in European affairs.[15]
[1] Council of the European Union – Conclusions, Brussels, 17 and 18 June 2004, 10679/2/04, Rev 2, Available at: https://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/ec/81035.pdf.
[2] Council of the European Union – Conclusions, Brussels, 17 and 18 June 2004, 10679/2/04, Rev 2, Available at: https://www.cvce.eu/en/obj/conclusions_of_the_brussels_european_council_extract_concerning_enlargement_16_and_17_december_2004-en-f509be08-a7ce-4d06-909e-f515454f7ca2.html.
[3] Croatian Parliament, 13 December 2004, Statement of Croatian parliamentary parties on the start of negotiations between the Republic of Croatia and the European Union, Available at:
[4] Constitution of the Republic of Croatia (consolidated text), Official Gazette, Narodne novine (No. 85/2010) 05/2014.
[5] Act on the Cooperation between Parliament and the Government in European Affairs, Official Gazette (No. 81/2013)
[6] Standing Orders of the Croatian Parliament, Official Gazette (Nos. 81/2013, 113/2016, 69/2017, 29/2013, 53/2020, 119/2020, 123/2020, 86/2023).
[7] Law on Ratification of the Agreement on Stabilisation and Association between the Republic of Croatia and European Communities and their member states, Official Gazette – International Agreements, (No. 14/2001). The SAA entered into force on 1 February 2005, upon its ratification in the European Parliament and in all EU Member States’ parliaments.
[9] The Role of National Parliaments in Discussing EU Affairs, EU2022.CZ - Parliamentary Dimension, 2024., Available at: https://parleu2022.cz/presidency/the-role-of-national-parliaments/.
[10] Powers of Parliament in European Affairs, Art. 3: “In relation to European Affairs, Parliament: - monitors and controls the work of the Government in the institutions of the European Union; - considers the documents of the European Union and the positions of the Republic of Croatia, and may draw conclusions thereon; - monitors compliance with the principle of subsidiarity; - decides on the implementation of the passerelle clause; - participates in the procedure of proposing candidates of the Republic of Croatia for the institutions and bodies of the European Union; - participates in the procedures of revision of the Treaties of the European Union in line with Article 48 of the Treaty on the European Union; - within the scope of freedom, security and justice, participates in the evaluation of the mechanisms for the implementation of Union policies in these areas in line with Article 70 of the Treaty on the Functioning of the European Union; - participates in the political monitoring of the work of Europol and in the evaluation of the activities of Eurojust in line with Articles 85 and 88 of the Treaty on the Functioning of the European Union; - participates in the interparliamentary co-operation of national parliaments and in the co-operation with the European Parliament in line with the Protocol on the role of national parliaments in the European Union; and - monitors the work of the Government in relation to securing the sustainability of reforms and implementing all commitments resulting from negotiations with the European Union, and consistently implementing the acquis of the European Union. In line with the Constitution of the Republic of Croatia and the Standing Orders of the Croatian Parliament, Parliament may also consider other European affairs.”
[11] It might be concluded that the direct scrutiny of European Affairs includes: consideration of Croatian positions on EU documents, ‘hearings’ on Council meetings, European Council scrutiny, appointment of Croatian candidates to EU institutions and bodies. On the other hand, direct scrutiny of European Affairs includes the following: subsidiarity checks, political dialogue, participation in amendments to the treaties of the European Union, and participation in the implementation of passarelle clauses. See www.sabor.hr.
[12] See Art. 64 & 65, Standing Orders of the Croatian Parliament, Official Gazette (Nos. 81/2013, 113/2016, 69/2017, 29/2013, 53/2020, 119/2020, 123/2020, 86/2023).
[13] The European Affairs Committee may, at its own initiative, initiate a procedure of monitoring compliance with the principle of subsidiarity after an elapse of two weeks after the date on which the draft legislative act was submitted by the institutions of the European Union and shall inform the Speaker of Parliament thereof.
[14] See Art. 158, Standing Orders of the Croatian Parliament, Official Gazette (Nos. 81/2013, 113/2016, 69/2017, 29/2013, 53/2020, 119/2020, 123/2020, 86/2023).
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