Croatia’s five conditions have been included into the common negotiating position of EU member states.
Five conditions set by Croatia have been incorporated in the common position of the EU member states for negotiations with Serbia. They will be the basis on which Serbia's progress in Chapter 23, concerning the judiciary and fundamental rights, will be assessed, reports Večernji List on July 7, 2016.
Some of the issues are well-known – Serbia’s claims concerning jurisdiction for war crimes, protection of minorities and cooperation with the ICTY – but some are new, and include the issue of missing persons from the war and compensation for victims. The text of the criteria has been agreed only by members of the EU and Serbia did not participate in that process. The next step is the opening of Chapter 23, after which Serbia will have to meet all the provisional criteria, which will be controlled every six months. Only then will the EU member states agree on the criteria for closure of the Chapter. Therefore, Serbia has a lot of work to do to fulfil all the criteria defined by the European Union, including Croatia.
One of the new Croatian conditions is the issue of missing persons. This is an important legal and humanitarian question that has not been solved 20 years since the end of the war. “Serbia will constructively cooperate with neighbouring countries in search and identification of the fate of missing persons or their remains, which includes the immediate exchange of information,” states one of the conditions.
Another important criterion states, “Serbia will strengthen its investigative and judicial authorities, as well as prosecution authorities, including implementing the proactive approach to investigations, the training of new and existing members of these bodies, the strengthening of systems for witness protection, and support for victims and the protection of the rights of victims and their access to justice without discrimination.” Such wording opens the possibility for war victims to seek compensation in courts.
In connection with the ICTY, the EU demand “full cooperation with the Tribunal”, whereas, when it comes to minorities, the EU wants Serbia to “apply the legal framework for the rights of minorities”, which includes all laws and international agreements. One of the issue for Croatia was the fact that Serbia did not implement a bilateral agreement on the protection of minorities.
Most tensions and reactions from the Serbian side was caused by a controversial article of the Serbian law on war crimes by which Serbia expanded its jurisdiction on the states formed after the dissolution of former Yugoslavia. The EU wants Serbia to do the following, “Serbia will engage in constructive regional cooperation and good relations between neighbours when it comes to the issue of war crimes and will steer clear of conflicts of jurisdiction and ensure that all war crimes are prosecuted without discrimination.”
