Source: European Parliament
In September 2018, Der Spiegel published an article regarding the legal opinion of the Commission’s Legal Service on the border dispute between Croatia and Slovenia (1) . This legal opinion stipulates that ‘the Commission must observe that there is an arbitration agreement … Therefore, the outcome of the arbitration procedure must be respected by the EU, and provisions of EU law must be interpreted in the light of it’. It appears that the Juncker Commission consciously ignored the opinion of its Legal Service, and serious questions have arisen as to whether its actions were politically motivated. Ursula von der Leyen has said that the EU must stand up for justice and for values, adding that this is even more important when it comes to respecting the rule of law. She also described strengthening the rule of law as ‘a shared responsibility for all EU institutions and all Member States’ (2) .
In the light of President von der Leyen’s words, will the newly appointed College of Commissioners reconsider the abovementioned legal opinion, and publicly release it, in order to dispel all conceivable suspicions that any actions were or are politically motivated, which would imply that the Commission is not on the side of the rule of law?