“From the today’s “coronavirus-changed-world perspective”, I dare say that we shall refer to the last 70 years of the European Convention on Human Rights as the most valuable European experience ever when it comes to democracy, the rule of law and the protection of human rights,” has said Croatian Law Professor Jasna Omejec
By Genc Mlloja
Senior Diplomatic Editor
“There was no need for a proclamation of the state of emergency. People completely trusted the expert directorate who managed the crisis. The best assessment of their behavior is the saying: “Proud to be Croat”,” Croatian Law Professor Jasna Omejec has said in an answer on how the Croatian Government has been managing the unprecedented coronavirus pandemic.
Professor of Administrative Law at the Zagreb University for more than 30 years, judge of the Croatian Constitutional Court (from 1999 to 2016), its Vice-President for seven years and, after that, the President of the Court for eight years, at the Venice Commission as a substitute member for five years ever since 2005, and from 2010 as a member being elected to different positions during that time and currently serving as the elected Vice-Chair of the Sub-Commission for Fundamental Rights, this is in a nutshell the exemplary career of Croatian Law Professor Jasna Omejec with whom Albanian Daily News had recently an exclusive interview.
Asked on the world in the ‘post-coronavirus era’ Professor Omejec was sure of one thing: “Namely, in the coming period, the main global sentiments among people will be those of uncertainty and unpredictability. It’s well known that these sentiments, if they are predominant in the population, are the worst enemy of any organized and properly functioned society.” In face of this, according to her, authorities at all levels, national, European and global, will have to be wise, determined and selfless in order to overcome the rising economic crisis, accompanied by a difficult social turmoil. “And people will have to be patient and solidary. These goals will be hard to reach. We need to be aware of the “new normalcy”, which is going to follow in the coming period,” she advised
1950- 2020: this period of time is the path trespassed by the European Convention on Human Rights and its 70th anniversary is being solemnly marked this year.
“On every 5th of May, we celebrate the Council of Europe Day. The Convention, which was signed in Rome on the 4th of November 1950, expresses the will of European democracies to prevent the emergence of new undemocratic regimes, build peace on the Continent and ensure its unity by forcing national States to respect the human rights and fundamental freedoms of those under their jurisdiction,” said the Professor.
In the meantime Ms. Omejec regretted deeply that the UK is not a part of the EU family anymore. “We all owe a lot to the UK, especially when it comes to the rule of law doctrine. However, the UK is still the Party to the Convention… Hence, the UK is still part of the wider European family within the Council of Europe,” she noted.
In a comment on the last March decision on the opening of Albania’s EU accession talks Professor Omejec said Croatia has always been an unwavering supporter of Albania’s drive to join the Union. “This has been a continuous Croatian State policy. I eagerly support this policy.”
Speaking of the judicial reform in Albania the Professor, who has visited this country twice, said it is getting closer and closer to the achievement of its primary goals. “However, you are still struggling with difficulties that Croatia fought in the past on its path to the EU,” she said, adding that even Croatia still has significant problems when it comes to the judiciary. “So reforms continue regardless of us being the EU member for seven years. These reforms seem like a never-ending story.”
The Croatian Law Professor spoke with great respect on Albanian community that lives in Croatia as part of the Croatian society. “They are hard-working and honest people, but above all they are great and loyal friends. I am a genuine and sincere friend of your people and your fabulously beautiful country,” said Croatian Law Professor Jasna Omejec in the interview which follows:
Albanian Daily News: It is a great pleasure, honorable Professor, to have you as a guest of Albanian Daily News in this talk, and at the outset can you please sum up some of the highlights of your career as a veteran law professor in Croatia?
Law Professor Jasna Omejec: I have been professor of Administrative Law at the Zagreb University for more than 30 years. From 1999 to 2016, I was the judge of the Croatian Constitutional Court, its Vice-President for seven years and, after that, the President of the Court for eight years. Many colleagues probably remember my lectures and presentations on human rights and constitutional justice not only in Europe but around the world, from South Korea to South Africa, to South America.
I also authored the award-winning book on the European Convention on Human Rights.
– You are the member of the Venice Commission of the Council of Europe from Croatia.
– Yes, I have been with the Venice Commission ever since 2005 – first as a substitute member for five years, and from 2010 as a member. During that time, I have been elected to different positions – I was the member of the Venice Commission’s Board, Chair of the Joint Council on Constitutional Justice, Vice-Chair of the Sub-Commission for Gender Equality and the Sub-Commission for Judiciary. Currently, I serve as the elected Vice-Chair of the Sub-Commission for Fundamental Rights.
– Before continuing with topics related to judiciary, what can you tell ADN’s readers on the impact of the coronavirus pandemic in Croatia?
– I am sincerely proud of how the Croatian Government has been managing this unprecedented health disaster, but, above all, I deeply respect how the Croatian people have behaved during the “reign” of this horrible infectious disease. There was no need for a proclamation of the state of emergency. People completely trusted the expert directorate who managed the crisis. The best assessment of their behavior is the saying: “Proud to be Croat”.
– How do you see the world in the ‘post-coronavirus era’ due to its economic, social and political implications?
– A magic crystal ball would be needed to answer your question. I am sure of one thing only. Namely, in the coming period, the main global sentiments among people will be those of uncertainty and unpredictability. It’s well known that these sentiments, if they are predominant in the population, are the worst enemy of any organized and properly functioned society. Authorities at all levels, national, European and global, will have to be wise, determined and selfless in order to overcome the rising economic crisis, accompanied by a difficult social turmoil. And people will have to be patient and solidary. These goals will be hard to reach. We need to be aware of the “new normalcy”, which is going to follow in the coming period.
– 1950- 2020: this period of time is the path trespassed by the European Convention on Human Rights and its 70th anniversary is being solemnly marked this year. Which is the significance of the ‘founding’ date of the Convention for Europe?
– On every 5th of May, we celebrate the Council of Europe Day. The Convention, which was signed in Rome on the 4th of November 1950, expresses the will of European democracies to prevent the emergence of new undemocratic regimes, build peace on the Continent and ensure its unity by forcing national States to respect the human rights and fundamental freedoms of those under their jurisdiction.
From the today’s “coronavirus-changed-world perspective”, I dare say that we shall refer to the last 70 years of the European Convention on Human Rights Convention as the most valuable European experience ever when it comes to democracy, the rule of law and the protection of human rights.
– The Convention established the European Court of Human Rights…
– Yes, the European Court of Human Rights was established in 1959, in Strasbourg. Here, I will briefly call it “the Court”. Its jurisprudence tells us a tale about the post-World War II history of Europe, up to today. For 61 years, from day to day, the Court’s case-law has been faithfully following the life of our Continent, witnessing the history of the devastation and growth of our Europe.
The former President of the Court, Professor Luzius Wildhaber, emphasized that the Court is the practical expression of an aspiration for a society in which the marriage of effective democracy and the rule of law provides the basis for political stability and economic prosperity, while allowing the self-fulfillment of individuals.
– How much alive are the spirit, motivation and enthusiasm of the outstanding personalities who laid down the foundations of this instrument now 70 years later?
– As a living instrument, the Convention offers a model for an international community bound together by respect for common standards and their collective enforcement. In Wildhaber’s words, it is the legacy of the twentieth century, with its battlefields and its camps, to the twenty-first century, with its new challenges and fears.
We must do everything we can to preserve the original spirit of the Convention and the European vision of the founding fathers of the Council of Europe. This is all the more important today, in this “age of anger” or, in words of Carl Bildt, “the new age of disorder”, which is marked by incredibly danger populism.
-As a follow up, which is the message that the ‘2020 Judicial Year’ carries to the EU member countries and particularly to Western Balkan aspirant countries in their drive to join the Union?
– Democracy is a fundamental feature of the European public order. The Court often recalls that democracy is the only political model contemplated by the Convention and, accordingly, the only one compatible with it. As judge Sicilianos, the President of the Court, pointed out, no other international body has established in such a crystal-clear manner this link between democracy and human rights. The Parties to the Convention, whether they are at the same time the EU members or not, are obliged to govern the States in accordance with the Convention requirements concerning democracy, the rule of law and the protection of human rights.
-In the meantime, there are growing differences between Brussels and some members of the Union regarding certain specific judiciary issues. In your view are we witnessing cases of a change of legal mindsets in some Union members?
– From the aspect of the Convention Law, the Court remains particularly vigilant when the foundations of democracy are imperiled, including any attempt at undermining the independence of judges. President Sicilianos particularly emphasized that such cases are always symptomatic of regression on the part of the rule of law.
Whether they involve attempts to silence an opponent or to stifle political pluralism, such cases run counter to the notion of an “effective political democracy” set out in the Preamble to the Convention. The EU Court in Luxembourg recently applied the Strasbourg Court’s principles in this sphere.
– Seeing things from the perspective of Brexit, how much can this impact the cohesion of the EU block?
– I deeply regret that the UK is not a part of the EU family anymore. We all owe a lot to the UK, especially when it comes to the rule of law doctrine. However, the UK is still the Party to the Convention. Thus, the UK shares the same values, as well as the same obligations and the same responsibilities as all the other 46 Parties to the Convention. Hence, the UK is still part of the wider European family within the Council of Europe.
– In mid-March this year Albania got the green light for the opening of the accession talks with the EU. Croatia, which currently holds the rotating EU presidency, has been an unwavering supporter of Albania’s drive.
– Yes, indeed, Croatia has always been an unwavering supporter of Albania’s drive to EU, as you said. This has been a continuous Croatian State policy. I eagerly support this policy.
– What would you say on the ongoing judiciary reform in this WB country?
– It is well-known that Chapter 23 – Judiciary and Fundamental Rights, as well as Chapter 24 – Justice, Freedom, and Security, remain some of the pillars of a country’s EU accession process. As far as I know, the judicial reform in Albania started a few years ago. Today, it is getting closer and closer to the achievement of its primary goals. However, you are still struggling with difficulties that Croatia fought in the past, on its path to the EU. But, to be honest, Croatia still has significant problems when it comes to the judiciary, so reforms continue regardless of us being the EU member for seven years. These reforms seem like a never-ending story.
– How much can Croatia help the ‘Europeanization’ of Albanian judiciary through its experience?
– The experience of Croatian lawyers can be beneficial and valuable. As far as I am aware, many Croatian lawyers work on the EU projects implemented in Albania. Among them, there are some very notable Croatian lawyers, such as the former President of the Croatian Supreme Court, as well as the former head of the Croatian Bureau for Combating Corruption and Organized Crime.
– Madame Professor, which is your message to Albanians and particularly to the younger generation for building their legal awareness of democratic values in accordance with European legal standards?
– My answer is simple: education, education and again education. At the same time, the national government plays a significant role here. It must convince people, especially young people, that the country is devoted to the spiritual and moral values, tradition and ideals, that are the common European heritage and essential part of European legal culture. It must convince them that Albania is the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy. An effective fight against corruption is crucial, together with the transparency of governmental actions.
Equally important is ensuring the principle of equality before the law. Nothing is as devastating to social stability as the sense of inequality among people.
-In conclusion, I would like to ask if you have ever been to Albania, and on your impressions on this Balkan country, its people and their history. I am aware that a significant Albanian community is part of the Croatian society and they are respected citizens of Croatia.
– You rightly pointed out that Albanian people, who live in my country, are highly respected part of the Croatian society. They are hard-working and honest people, but above all they are great and loyal friends. I am a genuine and sincere friend of your people and your fabulously beautiful country.
Indeed, I was the guest of the Albanian Constitutional Court twice. I visited the most remarkable historical places and sites all over Albania. My favorite is Berat. What a unique beauty! I do not doubt the prosperity and the bright future of your beloved country and wish you all the best, and above all stay healthy.
