The President of the European Union Court of Justice (CJEU), Koen Lenaerts, expressed doubts about the legal path Slovenia has chosen after it sent a letter to the European Commission announcing a lawsuit against Croatia regarding the border arbitration process between the two countries.
Lenaerts said in an interview with Slovenian new agency STA that the best solution for Slovenia and Croatia would be presenting the case to the EU Court of Justice in agreement.
He further explained it would be more appropriate for the two countries to resolve the dispute in another way, namely to present the case jointly to the EU Court of Justice in agreement, under Article 273 of the Treaty on the Functioning of the European Union.
If a dispute between two member states does not directly refer to the EU legislation, the EU Court of Justice cannot voice its opinion about it, unless the member states in question reach an agreement to jointly present the case, within the frameworks of the proceedings from Article 273 of the Treaty on the Functioning of the EU, Lenaerts said.
VEZANE VIJESTI
Reacting to Lenaert’s statement, Slovenian Prime Minister Miro Cerar reiterated the official position of his government according to which Croatia was in violation of European and international law because it refused to implement a ruling handed down by an international court.
