State Secretary Vedrana Šimundža-Nikolić at JHA Council in Brussels

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A meeting of the Council of the European Union (Justice and Home Affairs) took place on 5 and 7 March 2025 in Brussels. State Secretary Vedrana Šimundža-Nikolić attended the meeting on behalf of the Minister of Justice, Public Administration and Digital Transformation.

Within the framework of legislative deliberations, the Council discussed a proposed directive to harmonise certain aspects of insolvency law, which aims to contribute to the proper functioning of the internal market and to remove obstacles to the exercise of fundamental freedoms, such as the free movement of capital and the freedom of establishment, resulting from differences in national laws and insolvency proceedings. Croatia supports the objectives pursued by the proposal, but holds that the interests of creditors should be better protected and, consequently, considers that the discussion on the automatic transfer of executory contracts should be brought back to the expert level so that experts, taking into account all the arguments and facts presented at the Council, can find a satisfactory solution.

As regards non-legislative activities, ministers exchanged views on the rule of law as a pillar of democracy in Europe, with a focus on judicial independence. The rule of law and democracy are fundamental values of the European Union. They are under increasing pressure as a result of internal and external political events.
Croatia is of the view that the existing set of EU tools, where, in addition to the case-law of the Court of Justice of the EU, Article 7 of the Treaty on the European Union, the Rule of Law Conditionality Regulation, the Common Provisions Regulation, we would highlight the rule of law dialogue, provides sufficient protection of the rule of law, especially in the segment of current and possible future challenges to the independence of the judiciary, and that the emphasis should be on improving them.

Furthermore, the state of play of the fight against impunity in connection with Russia's war of aggression against Ukraine was presented. Croatia supports the continuation of international activities in the fight against impunity and will continue to support Ukraine through the exchange of experiences on the investigation and prosecution of war crimes.

The Council also apporved conclusions on the application of the EU Charter of Fundamental Rights concerning the ways funding can promote, protect and enforce fundamental rights. Croatia welcomed the apporval of the Conclusions, which welcome the increased focus of the EC on the implementation of Union values and fundamental rights, and the use of funds from the current Multiannual Financial Framework, including the emphasis on a significant increase in the budget of the Citizens, Equality, Rights and Values (CERV) programme.

In conclusion, the European Commission briefed the Council on the UN Convention against Cybercrime and on the negotiations between the EU and the US on the e-evidence agreement, and the Presidency briefed the Council on the strengthening of judicial cooperation in third countries.

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