Judges of the EU court in Luxembourg will hear on Monday arguments in a case concerning a border dispute between Croatia and Slovenia.
Croatia objected the jurisdiction of the EU court over a case Slovenia has launched against Croatia for not implementing an “arbitration decision” concerning the border between the two countries.
Croatia’s argument is that the dispute is not over the application and the interpretation of the EU laws, which would be a matter for that court could address.
Instead, the dispute concerns the interpretation and application of international law and as such should be solved through the applying international law and in a peaceful way that includes negotiations.
Croatia intends to argue that the lawsuit is about the direction of the border between the two countries, which precisely concerns the question of whether the Arbitration agreement and the “arbitration decision” are valid and if they have actually established a new border.
Having in mind that the Arbitration agreement is not part of the EU law, the EU Court is not competent to interpret its legal status or the status of the linked “arbitration decision.” Croatia argues that it is a matter of international law that is outside of EU law.
Bilateral border disputes are outside of EU law and the EU Court’s jurisdiction.
Croatia believes that the only way to come to a mutually acceptable solution is to get back to the negotiating table and together define the border.