Abstract

On the 27th of August 1991,' the Community and its Member States, at the same time as convening a peace conference on Yugoslavia, created an Arbitration Committee. The Committee was chaired by Mr Robert Badinter, President of the French Constitutional Council, and was furthermore comprised of the Presidents of the German and Italian Constitutional Courts, the Belgian Court of Arbitration and the Spanish Constitutional Tribunal. The mandate given to the Committee was somewhat vague. At the outset it was envisaged that the Committee would rule by means of binding decisions upon request from 'valid Yugoslavian authorities'. Although no consultative procedure was formally established, the Committee was in fact called upon to give one opinion at the request of Lord Carrington, President of the Peace Conference (Opinion No. 1); similar requests were subsequently made by the Serbian Republic, using the Conference as intermediary (Opinions Nos. 2 and 3) and the Council of Ministers of the EEC (Opinions Nos. 4 to 7).

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