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New Generation of Association Treaties for South-East Europe: Case for Croatia

The Commission proposed the opening of negotiations with Croatia on a Stabilisation and Association Agreement with the EU on July 19th 2000. This was based on a feasibility study on opening the negotiations of May 24th 2000 and areas of integration indicated therein form an integral part of the ongoing negotiations process between Croatia and EU and are expected to be translated into the SAA. Regional approach developed by the EU applies to countries which were, due to various reasons, excluded from the mainstream process of association with the EU, and were consequentially, not invited to signed Europe agreements which were offered to other countries in Central and Eastern Europe. An example of such contractual relationship can be found in the very Croatian neighborhood - Slovenia which signed the Europe Agreement with the EU. The question this paper will address is whether SAAs as new generation agreements will eventually lead to full membership of Croatia in the EU in similar way that was offered to signatories of Europe Agreements, or whether it is framed in way which is substantially different then Europe Agreements, with consequence of leaving Croatia and other SAA states outside the EU for a longer time period. In order to clarify this point it is necessary to compare legal basis, structure and teleology of the SAA with earlier generations of agreements. The key criteria defining an Association agreement as distinguished from other agreements concluded by the EC are the following: (a.) close relationship between the parties, extending to a participation of the associated country in certain of the objectives of the EC treaty ; (b.) the content of association which goes beyond merely commercial matters and covers a number of fields of Community activity ; (c.) the institutions created, which are highly developed and include organs endowed with decision-making power ; and (d.) permanent nature of links, and indefinite or extended periods of application. In addition to these substantive criteria, legal basis, aims and definition of contractual relationship specified in the agreement also have to be considered. Namely, as it is known from the Polydor case even identical provisions of different types of agreements concluded by the Community may lead to different interpretation. All these criteria will be used for purpose of comparison of the SA Agreements with Europe Agreements.

Croatia, European Union, Association Agreement, South-East Europe

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