According to former diplomat Milan Balažic, Borut Pahor violated Article 350 of the Penal Cole during negotiations regarding the Slovenian-Croatian border. The article states that a Slovenian citizen "who attempts to place Slovenia in a subordinate or dependent position in relation to another country faces a prison term between one and ten years."

Balažic took part in the drafting of the Arbitration Agreement, but in his complaint, which he submitted to the prosecutor's office in Ljubljana, he alleges that Pahor violated Article 350 by agreeing to Article 3 of the agreement. The article did not allow a decision by the Court of Arbitration that would have given Slovenia a direct contact with international waters. The complaint also alleges that Pahor violated the Penal Code because the agreement allowed Croatia to enter the EU before the agreement went into effect, which was made possible by Paragraph 3 of Article 11 of the Arbitration Agreement.

According to Balažic, the Arbitration Court ruling hurt Slovenia since the country was not awarded a direct contact with international water. Instead, the country only obtained the right of transit through Croatian waters, which places Slovenia in a subservient and dependent position in relation to Croatia, the complaint alleges.

The President is proud of the Arbitration Agreement
In response to Balažič's complaint, Pahor stated that he has participated in Slovenian politics virtually since the country's independence and that he has experience both good and bad times. He emphasized that he is most proud of three accomplishments: his role in national reconciliation, his contribution to the signing and ratification of the Arbitration Agreement, and the fact that the Court of Arbitration finished its work and has defined the border. The third thing of which he is proud is the fact that he never used his position for material gain.