Arbitration Agreement between Croatia and Slovenia

26.1.2017

Question for written answer E-000428-17
to the Commission
Rule 130
Ivan Jakovčić (ALDE) , Jozo Radoš (ALDE)

Croatia and Slovenia entered into arbitration concerning their border dispute: that was the condition which had to be met if Slovenia was to cease blocking the negotiations on Croatia’s accession to the EU. The EU, indeed, helped to break the deadlock in the negotiations and set the arbitration process in motion; neither outcome would have been achieved without its assistance.

Later, Croatia, by a unanimous decision of the Croatian Parliament, withdrew from arbitration on account of Slovenia’s unauthorised and illegal lobbying among the Arbitral Tribunal judges. Despite Croatia’s withdrawal, the arbitration procedure has continued, and an award is expected to be issued shortly.

This, however, Croatia cannot accept. The Slovenian Government is expressing the expectation that the EU will persuade Croatia, an EU Member State, to abide by the decision of the Arbitral Tribunal. In Slovenia’s view, Member States will not keep silent on that point.

Bearing in mind that the EU countersigned the bilateral Arbitration Agreement and that Slovenia is expecting the EU and its Member States to make Croatia accept the award:

Is it possible under the agreement between Slovenia and Croatia or under any EU act for the EU or its Member States to use their influence to ensure that Croatia accepts the award, that is to say, that the award enters into force?