Croatia

V - 136(3) TFEU

At the 16/17 December 2010 European Council a political decision was taken to amend the Treaties through the simplified revision procedure of article 48(6) TFEU. On March 25, 2011 the European Council adopted the legal decision to amend article 136 TFEU by adding a new third paragraph: “The Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality.”       
The process of approval of this decision by the member states in accordance with their respective constitutional requirements as prescribed by article 48(6) has been completed and the amendment has entered into force on 1 May 2013.

Negotiation
V.1
What political/legal difficulties
did Croatia encounter in the negotiation of the amendment of article 136 TFEU?

At the time of negotiations of the amendment of article 136 TFEU, Croatia was not a member of the EU, so it was not involved in the negotiation process. The article 136 TFEU per se was not a subject of the discussion in Croatian Parliament or at the sessions of the Croatian Government.

Approval
V.2
How has the 136 TFEU Treaty amendment been approved in Croatia and on what legal basis/argumentation?

Article 136 TFEU applies in Croatia together with any other article of the TFEU since 1 July 2013, the date of Croatian accession to the European Union.

Ratification difficulties    
V.3
What political/legal difficulties
did Croatia encounter during the ratification of the 136 TFEU Treaty amendment?

Since Croatia was not a Member State of the European Union at the time of the approval of the 136 TFEU Treaty amendment, it was not supposed to approve/ratify the Treaty amendment. In accordance with this, no relevant debates have arisen since there was no ratification process. No debate took place during negotiations on this issue.

 


Case law          
V.4

Is
there a (constitutional) court judgment in Croatia on the 136 TFEU Treaty amendment?

No, there is not a judgment of any court in Croatia, including its Constitutional Court, regarding the 136 TFEU Treaty amendment.

In general, there was no decision of the Constitutional Court of Croatia regarding the Croatian accession into the European Union with the exception of one Decision, which is rather irrelevant since it does not deal with the substantial aspects of EU accession, but with monitoring of the referendum for accession into the EU.  By this Decision, the Constitutional Court of Croatia rejected the request of the opponents of Croatian accession into the European Union in which the opponents required the Constitutional Court to monitor the constitutionality and legality of the referendum of the EU accession on the ground that prerequisites for such request are missing.[1]       

Miscellaneous
V.5
What other information is relevant with regard to Croatia and the 136 TFEU Treaty amendment?

Not applicable.

[1] The decision is available only in Croatian with summary in English at: http://sljeme.usud.hr/usud/prakswen.nsf/Pojmovi/C12570D30061CE54C1257988003799E8?OpenDocument