201701.06
0

Blogpost on the CJEU’s Opinion on EU-SING FTA

Read my blogpost published on the Kluwer Arbitration blog on the CJEU’s Opinion on EU-SING FTA.

The Court opinied that the EU-SING FTA must be signed and ratified as a mixed agreement, i.e., by the EU and all its Member States.

This will further delay the entering into force of that agreement and gives national, regional and local parliaments the chance to play the ‘Wallonia card’ and hijack the ratification process in order to extract political gains.

However, this opinion did not address the elephant in the room, which is the question whether ISDS/ICS provisions are (in)compatible with EU law. This issue may be addressed if and when the Court is asked to give its opinion on CETA. Belgium is reportedly preparing its questions and will submit its request soon.

So, stay tuned!