Fyrom regains its right to join NATO… and the EU. Greece whatever!

(BRUSSELS2) Macedonia, or rather the former Yugoslav Republic of Macedonia, has the right to apply for membership in NATO. And Greece could not oppose it as it did at the Alliance summit in Bucharest in 2008 (*).

This is what the International Court of Justice ruled on Monday (December 5). Without going into all the legal details, we can retain two, even three aspects from this judgment: competence, the interpretation of the agreement, the official flag and that of the army.

Firstly, the ICJ recognizes that it is competent to judge membership in an organization like NATO; there is no “defense” exception. Which might not be obvious at first.

Then, she considers that the interim agreement signed between the two parties on September 13, 1995 is clear: Greece does not “ will not oppose the request for admission of (Fyrom/Macedonia) into international, multilateral or regional organizations and institutions of which (Greece) is a member or to participation in these organizations and institutions. However, (Greece) reserves the right to raise objections to such a request or such participation if (Fyrom/Macedonia) must be given in these organizations or institutions a name different from that provided for by (…) the United Nations Security Council Resolution 817/1993. The Court considers that by having indicated its desire to see the name of Macedonia recognized when joining NATO, Fyrom was only expressing a desire, which it had every right to do. This does not mean that it had to be " endowed with this name ". Only then did Greece have the right – at least on matters of name – to raise an objection. Conversely, nothing prevents Greece from raising objections on other grounds.

However, the Court does not annul the decision taken by NATO in Bucharest. “ The applicant (FYROM) don't ask him" ; but only “to determine whether (Greece) has by its behavior failed to fulfill its obligations under the interim agreement”. There is therefore no injunction for NATO to review its position. But by removing a major obstacle to membership, the ICJ removes an obstacle on the road to NATO membership; Fyrom just needs to reiterate its request.

Finally, the International Court of Justice recognizes that Fyrom/Macedonia also contravened the agreement at least once by leaving its army " use the symbol that appeared on its national flag before the interim agreement”, while the latter prohibits it.

Comment: This stop makes the route from Fyrom to the European Union more direct. We can, in fact, easily transpose this judgment to the situation in the EU, and Greece could no longer oppose the move towards membership, at least by relying on the interim agreement. However, nothing would prevent it from opposing it, chapter by chapter (at the opening of negotiations or at the closure), for other reasons. This cannot be missed by a diplomat who is often not shy of “objections”.

(Nicolas Gros-Verheyde)

(*) Fyrom was admitted to participate in the partnership for peace in 1995, then in the action plan for membership in 1999. Its application was examined at the Bucharest summit on April 2 and 3, 2008 but rejected, l The Alliance believes that the country would only be invited to join if “a mutually acceptable solution to the question of its name has been found”.