MVEP welcomes ECHR decision that Croatian courts did not violate Slovenian fishermen's rights when fining them for illegal border crossing and fishing

The Ministry of Foreign and European Affairs welcomes the decision of the European Court of Human Rights (hereinafter referred to as the Court) published on May 16, 2024, which deemed the claims of Slovenian fishermen, that their human rights established by the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols were violated by Croatian court decisions fining them for illegal border crossing and fishing, to be clearly unfounded.
 
The Court dismissed the complaints (lawsuits) of Slovenian fishermen in the case of Chelleri et al. v. Croatia from 2022, which were also supported by the Republic of Slovenia as an intervener, where the Slovenian fishermen claimed that they were convicted for acts that are not punishable (violation of Article 7 of the Convention) and that they believed they had not crossed the border and were fishing in Slovenian waters. The Court dismissed these claims as clearly unfounded, stating that the cases pertain to the misdemeanour punishment of Slovenian fishermen by Croatian courts for activities at sea in a disputed area claimed by both Croatia and Slovenia.
 
Regarding the Republic of Croatia, the Court found that the borders of the Republic of Croatia are clearly defined in Croatian law and that in the Savudrija Bay, in relation to the Republic of Slovenia, the sea border follows the median line (equal distance), and that Slovenian fishermen could not be unaware (thus, they had to know) that their behaviour constituted offenses under Croatian law, and that there is consistent practice by Croatian courts on this matter.
 
The Ministry expresses satisfaction that the Republic of Croatia, when forced to take reciprocal measures to fine Slovenian fishermen in response to the mass fining of Croatian fishermen since early 2018, did so lawfully without violating the rights of Slovenian fishermen established by the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols.
 
The Ministry recalls that at the end of 2017 and the beginning of 2018, the Republic of Croatia repeatedly at various political and diplomatic levels called on the Republic of Slovenia not to begin fining Croatian fishermen. Thus, in a note dated January 27, 2018, also mentioned by the Court, the Ministry warned that fining Croatian fishermen would be contrary to the existing agreement on avoiding incidents and that if Slovenia persisted, Croatia would be forced to respond reciprocally. It was further warned that such Slovenian actions would only further complicate the situation, especially since it would unnecessarily involve fishermen living and working on both sides of the border in the border dispute between the two countries in an inappropriate and non-European manner.
 
In its decision, the Court also determined that it does not have jurisdiction to rule on the validity and legal effects of the 2017 arbitration decision, confirming that the arbitration decision has not been implemented, as previously determined by the Court of Justice of the European Union in 2020 in the case of the Republic of Slovenia v. the Republic of Croatia, where no infringement of the acquis was established. The Court emphasized that its decision does not affect (does not prejudice) the efforts of both states to resolve the border dispute through peaceful dispute resolution means.
 
The Ministry of Foreign and European Affairs points out that the Court particularly highlighted the importance of reaching an agreement between the two countries that would enable fishermen on both sides of the border to freely navigate and fish in the disputed area, which aligns with all previous Croatian proposals repeatedly submitted to the Slovenian side, all of which have been rejected by Slovenia.
 
After the Slovenian side cancelled the temporary fishing regime that was in effect from 2003 to 2005, and both countries subsequently signed the Joint Declaration on Avoiding Incidents in Brijuni in 2005, Croatia proposed various solutions to Slovenia for implementing the fishing part of the Agreement on Border Traffic and Cooperation. Croatia also accepted a temporary regime proposed in 2008 by two fishing experts (Wise-Men Report) engaged by the European Commission to facilitate finding a bilateral solution for fishing, but these proposals were also rejected by Slovenia. From 2018 to 2024, the Croatian side made numerous specific proposals for a temporary solution to the fishing issue at various levels, including the prime ministers.
 
The Ministry of Foreign and European Affairs expresses the expectation that, following this Court decision confirming that the Republic of Croatia did not violate the human rights of Slovenian fishermen, and while awaiting the final resolution of the open border issue, the Slovenian side will be willing to agree with the Croatian side on a temporary regime that would allow fishermen on both sides to fish uninterruptedly in the disputed area.

 

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