When Violations of International and EU Law Overlap - On the Lack of Jurisdiction of the ECJ in the Advocate General´s Opinion in Slovenia v. Croatia

When Violations of International and EU Law Overlap - On the Lack of Jurisdiction of the ECJ in the Advocate General´s Opinion in Slovenia v. Croatia Gašperin Wischhoff, Jakob Author aut Text xx# 2020 Verfassungsblog 2020-01-06 eng 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. CC BY-NC-ND 4.0 Gašperin Wischhoff, Jakob EU Law International Law Jurisdiction 342 https://verfassungsblog.de/when-violations-of-international-and-eu-law-overlap/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20200106-174123-0 200106 10.17176/20200106-174123-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)