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 shou...