European Union Law Law Essay Research Coursework

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INTRODUCTION
Europeans lay the foundations to a closer union through the establishment of the Treaty in the Functioning of the European Union (TFEU). Under this Treaty, disputes are resolved, ensuring the progress of the States, both economically and socially. Moreover, barriers dividing Europe are eliminated.
Bringing an action against a fellow Member State is possible yet considered as an exceptional procedure. This article is seldomly used (with only eight cases in total) despite its aim of resolving any infringements among the Member States.
The case under discussion encompasses a dispute, under Article 259, concerning the territorial and maritime border between Slovenia and Croatia. These two countries have a troubled history since the breakup of ex-Yugoslavia. These now independent countries attempted to resolve their disputes and negotiate an agreement but to no avail. Last July 13, 2018, the Republic of Slovenia brought an alleged infringement issue against the Republic of Croatia before the Court of Justice of the European Union (CJEU). It stated how Croatia violates its obligations by the EU law through its refusal of the arbitration award. Following this, the Commission delivered a reasoned opinion that was mirrored later on by the Court.
This paper aims to discuss Article 259 of the Treaty on the Functioning of the European Union concerning the case of the Republic of Slovenia v Republic of Croatia (C-457/18). Furthermore, this paper will critically discuss the pattern observed on how a Member State has no success when a Commission declines to take any action against the Member State.
Treaty on the functioning of the European Union
For the land to get united, inclusive of races and economies, a certain rule must be followed. Treaty on the functioning of the European Union sets a protocol and organizes different areas to keep the European Union in its right place. This treaty and the other treaty named “Treaty on European Union” bonded together to regulate the competitiveness and competency of the European Union; these two are called “The Treaties” and have the same hold of power.
This treaty content has seven parts; each holds different convicted definitions and protocols. The first part contains what exactly the treaty is about and how it is boldly connected with the Treaty on European Union. The second part of The Treaty on the Functioning of the European Union is Non-discrimination and citizenship of the union. It certainly explains how citizens of the states under the union must not receive any discriminations and prejudices because of their beliefs, nationality, race, and furthermore. The said citizens shall receive fair and proper treatment from the treaty and will get to have equal privileges; there shall be no special treatments, in general. The third part of the treaty talks about Union policies and internal actions. This is technically about how the market in the member stated of the treaty should be with this set of rules, free movement of goods in the states will be approved – includes exports and imports. The goods or products locally made from third world countries should be accepted to other parts of the union with proper and equivalent duties that shall be done before the transaction. This part has stated other specifications including tourism, environment, energy, civil protection, and the rest regarding union policies and internal actions.[Treaty on the Functioning of the European Union. n.d.]
Association of the overseas countries and territories is the main subject of the fourth part of the Treaty on the Functioning of the European Union. This gives strong emphasis regarding manpower and labor work of citizens of the member states. They will equally receive rights and equity in the workplace which is technically free from prejudices and discrimination. This gives enough and fair rights to all citizens who wish to have a job; they are protected by the treaty. Also, this part of the treaty gives the right to self-employed citizens. Building establishments are part of the freedom they can get.
Part five is the area of freedom, security, and justice. This has a strong definition of how a citizen in the member state will have good security and can follow their will. It clearly states that there will be no once and further discrimination that can lead to injustice. This part shall be by each state’s cultures and traditions. The member state shall provide security to prevent racism and the rise of any crimes especially combat. Part of it also gives certain rules when citizens go to the other state. They will be monitored for a set of times to assure the safety and security of the rest.
The next part talks about transport – institutional and financial provisions. This rule is guided and is controlled by the implemented rule of each state, which is also influenced by their traditions. Further regulations regarding transport are stated in this part; it includes tariff and the right amount for transport. In line with transport, charges shall be reasonable. The last part of the treaty is the general and final provisions. In this part, statistics shall be given and provided with the utmost reliability and enough measures. It is also written that member states should not go beyond the imposed “Treaty on the functioning of European Union”, everything shall be done and regulated with this treaty; equal rights is fully given to the other treaty named “Treaty on European Union”, which is mentioned at the first part. Further specific definitions, protocols, rules are stated in the treaty; this organizes and summarises the European Union.
Article 259 TFEU
Article 259 stated that a member state is allowed to complain about another member state before the Court of Justice of the European due to unfulfilled obligation following the Treaties. A member state should take the matter to the Commission first before taking any action against the Member State in question due to the alleged infringement. After each State involved has submitted their case and its observation on each other’s case both orally and in writing, the Commission should then give a logical and well-reasoned opinion. A period of three months from the date which matter was brought is given to the Commission to deliver the opinion. Failure to do so prevents the Member State to bring the matter before the Court.[Judgment of the Court (Grand Chamber). Court of Justice of the European Union. 2020. Accessed September 13, 2020.]
Concerning the case discussed, infringement proceedings were brought by the Republic of Slovenia against the Republic of Croatia before the Court of Justice of the European Union (CJEU). This alleged infringement is under Article 259 TFEU. Slovenia reported the failure of Croatia to fulfill its obligations according to EU law since Croatia refused to enact the arbitration award intended on the maritime and land border. The Commission failed to deliver its opinion within the three-month period that led Slovenia to bring the matter before the Court. However, the Commission delivered its opinion in which it stated that the CJEU lacks jurisdiction to decide over the dispute between the involved Member States. In the structure of the TFEU infringement procedure, the Commission stated that the Court has no jurisdiction on the violations of EU law. CJEU then delivered a ruling mirroring the Commission’s position.[Opinion Advocate General. Court of Justice of the European Union. 2020. Accessed September 13, 2020.]
It is a controversial issue in the part of CJEU concerning the case’ admissibility. The deliberation includes whether an arbitration award, as part of the international law, which falls under the bilateral arbitration agreement is related to European Union law. Additionally, if it has a r...