Parliamentary question

Written question to the European Commission

On 18 November 2020, the German newspaper Der Spiegel published a report on illegal push‑backs at the Croatian border. The report documents how Croatian border officials forcibly pushed asylum seekers back across the border into Bosnia and Herzegovina. Moreover, Frontex has been recording videos at Croatia’s external border, where push‑backs and serious human rights violations have taken place.

1. In view of the reliability of the source and the video evidence provided, will the Commission open an investigation into the allegations against Croatian border officials and Frontex without undue delay, while taking into account existing footage by Frontex?

2. Croatian border officials are evidently not acting in line with the Schengen Borders Code. What does that mean for a future accession of Croatia to the Schengen Area?

3. Croatian border officials have violated international and EU law. These violations include, among others Article 2 of the Treaty on European Union, Article 13 of Regulation (EC) No 562/2006 and Article 21 of Directive 2011/95/EU. In view of these violations, what steps – besides potentially opening infringement proceedings against the Croatian Government – will the Commission take in response to these events?

Answer given by Commissioner Johansson on behalf of the European Commission

The Commission takes all reports of pushbacks allegations very seriously. The Commission does not have powers to investigate alleged misconduct of Member States’ law enforcement authorities, but it closely monitors the way in which fundamental rights are complied with and expects Member States to investigate and take action as appropriate. Frontex has no personnel or assets deployed at the external land borders of Croatia.

Respect of fundamental rights is an important part of the Schengen acquis. In its 2019 Communication, the Commission concluded that Croatia has taken the measures needed to ensure that the necessary conditions for the application of the Schengen acquis are met. Croatia should continue working consistently on the implementation of all the ongoing actions to ensure these conditions continue to be met. On 17 November 2020 the Commission, together with the Fundamental Rights Agency carried out a monitoring visit in Croatia. Its main purpose was to assess the current situation and discuss the setting up of an effective and independent monitoring mechanism to deal in a coherent and transparent way with reported and possible future incidents of fundamental rights violations at the border.

In addition, the Commission has regular bilateral contacts with Croatia requesting information on the allegations and the investigations that the authorities must carry out. Regular meetings are organised also with the Croatian Ombudswoman, international or non-governmental organisations to receive updates about incidents.

The Commission is closely engaged with Croatia and relevant stakeholders with a view to setting up the independent monitoring mechanism and increase transparency in the follow-up of incidents.