Minutes of the Meeting of the Working Group on Legal Matters of the delegations of the Government of the Slovak Republic and the Government of the Republic of Hungary on the implementation of the Judgement of the International Court of Justice in the Case concerning the Gabčíkovo – Nagymaros Project

held in Bratislava on  27 April 2005

1.      The delegations of the Slovak Party and the Hungarian Party met in Bratislava and held their first substantive negotiations after the approval of the Mandate of the Working Group on Legal Matters. The agenda of the meeting is attached.

2.      The delegations were led by Dr. Metod Špaček and Dr. István Gerelyes respectively and their composition was as follows:

Slovak delegation	Hungarian delegation
Dr. Metod Špaček, Head of the Public International Law Division, MFA Dr. Drahoslav Štefánek, Agent of Slovakia before the ICJ Dr. Ludĕk Krajhanzl, adviser of the MFA Dr. Eva Šurková, International Law Department, MFA Mgr. Martin Strážnický, external legal expert Dr. Zoltán Hlavatý, technical expert Ing. Gabriel Jenčík, secretary of the Governmental Delegation Ing. Ondrej Hoffman, interpreter	Dr. István Gerelyes, Deputy Director, International and EU Law Department, MFA Dr. Árpád Prandler, Agent of Hungary before the ICJ Dr. Boldizsár Nagy, expert, Law Faculty, ELTE University Dr. András Kocsis, International and EU Law Department, MFA Dr. Gábor Baranyai, expert, Ministry of Environment and Water Management Mr Pál Benyo, interpreter MFA

3. The meeting of the Working Group was convened in accordance with Article 4 of the Minutes of the Meeting of Governmental Delegations on 3 March 2005. The Working Group has recalled that its work is to be based on its Terms of Reference approved by the Governmental Delegations on 3 March 2005.

4. Delegations exchanged their views on the international legal framework of the implementation of the Judgement and obligations of the contracting parties arising out of it

5. Delegations also exchanged their views on the main applicable sources of international law, the Treaty of 1977 and the Judgement of 1997, and on the identification of further applicable sources of international law. It was agreed that by mid-June 2005 the Slovak delegation should submit a tentative list of further sources of international law that are, in its opinion, applicable and present its view on their relevance for the further negotiation.

6. Without prejudice to the approved mandate of the Working Group, the delegations, also discussed the applicability of the European Community Law in the preparation of a new treaty framework. Both delegations declared that all EU rules and regulations are either directly applicable or incorporated to their national legal systems, and therefore their character shows more similarities to rules of internal law then rules of public international law. The Hungarian delegation informed that in due course it would submit a tentative list of those community rules that are, in its opinion, applicable and present its view on their relevance for further negotiation.

7. Delegations have confirmed that the Working Group shall be ready to consider any legal question arising out of the work of other two working groups or the meeting of the governmental delegations and upon request examine legal aspects of proposed solutions.

8. The Hungarian Party has briefly informed the Slovak Party on the content of the resolution of the Hungarian Government No.: 1137/2004 and responded to the question raised in connection with it.

9. The Parties agreed that the next meeting of the Working Group would be held in Budapest on 30 June 2005.

Done at Bratislava on this 27^th Day of April 2005 in two original copies in the English language.

In witness whereof the heads of the delegations signed the present Minutes.

Metod Špaček, signed     István Gerelyes, signed

for the Slovak Party for the Hungarian Party

Agenda of the meeting

Of the Working Group on Legal Matters on 27 April 2005 in Bratislava

1.        Adoption of agenda

2.        Exchange of views on the international legal framework for the implementation of the Judgment and obligations of the contracting parties arising out of it

3.        Exchange of views on main applicable sources of international law (the Treaty of 1977 and the Judgment of 1997) and on identification of other applicable sources of international law

4.        Exchange of views on the applicability of EU Law in the preparation of a new treaty framework

5.        Legal effects and scope of the mandate of the Hungarian governmental delegation based on the Hungarian Government Resolution of 11 December 2004

6.        Other aspects of WGLM mandate

7.        Dates, venues and draft agenda of next meetings of the WGLM

8.        Adoption and signing of the Minutes