Koen Lenaerts, Anna Wójcik
Prof. Koen Lenaerts, President of the Court of Justice of the European Union, explains why mutual trust and judicial independence are of fundamental importance to the EU Member States.
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Jakob Gašperin Wischhoff
On 11 December 2019, Advocate General Pikamäe issued his Opinion rejecting jurisdiction of the ECJ in an infringement procedure between Slovenia and Croatia (C-457/18). The case raises the question whether the ECJ may engage with asserted violations of EU law which result from Croatia’s non-recognition of the final and binding Arbitral Award determining the border dispute between both Members. The opinion of the Advocate General appears to be fuelled by political rather than legal considerations and the ECJ should not follow it in order to make clear that the EU is able to protect its autonomous legal system and that it stands on its foundational and common legal principles.
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