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This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, assesses the possible strengthening of the cooperation of the European Union with the Council of Europe. It examines, on the one side, the participation of Council of Europe bodies in the EU Mechanism on Democracy, the Rule of Law and Fundamental Rights, and, on the other, the accession of the European Union to Council of Europe Treaties, and ...

Investment protection continues to be a controversial issue, as shown in particular during the negotiations on the EU-US Transatlantic Trade and Investment Partnership (TTIP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA). To address stakeholder concerns, the EU has moved from traditional investor-state dispute settlement arrangements towards introducing bilateral investment court systems in new agreements and pursuing the goal of establishing a permanent multilateral investment ...

The trade and investment agreements with Singapore, the EU's largest commercial partner in the region, are the first between the EU and a member state of the Association of Southeast Asian Nations (ASEAN). The EU views bilateral agreements with ASEAN countries as steps towards the final objective of a region-to-region trade and investment agreement with ASEAN. The European Parliament is due to vote on giving its consent to the conclusion of the agreements with Singapore during the February plenary ...

On 18 April 2018, the European Commission proposed to the Council of the EU to sign and conclude two agreements with Singapore. These agreements were created by dividing the free trade agreement reached between the EU and Singapore (EUSFTA) in 2014, but not ratified, into separate trade and investment protection agreements. When presenting the agreements, the Commission underlined that they demonstrate the commitment of Singapore and the EU to fair trade and open markets. The Council of the EU is ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, analyses the various jurisdiction options, under EU law and under public international law, in settling disputes arising from the Withdrawal Agreement of the UK from the EU and in the context of the Future Relationship Agreement with the UK. It examines in particular the continued involvement of the CJEU in the new context of the EU-UK relations ...

CJEU Opinion on EU-Canada PNR agreement

De un vistazo 05-09-2017

A new agreement on the transfer of passenger name records (PNR) was signed by the EU Council and Canada in 2014, but conclusion of the agreement requires the European Parliament's consent. Consulted by Parliament, the Court of Justice of the EU held in July 2017 that the envisaged agreement needs to be revised.

In 2015, the European Commission requested the opinion of the Court of Justice of the EU (CJEU) on the competence for conclusion of the EU-Singapore Free Trade Agreement (EUSFTA). The CJEU issued its opinion on 16 May 2017, holding that the EUSFTA covers shared competences with respect to: (i) non-direct foreign investment, (ii) investor-state dispute settlement (ISDS), and (iii) state-to-state dispute settlement relating to provisions regarding portfolio investment and ISDS. In its current form, ...

Opinion 2/13 of the Court of Justice on the accession of the EU to the European Court of Human Rights highlights the requirements of the autonomy of EU law which may be called into question by accession. However not acceding does not truly guarantee this autonomy because Member States may be brought before the Court when they implement EU law. Under these conditions, both Article 6 TEU and the risks linked to the present situation call for a resumption of the negotiation process. Changes may be made ...

The note provides a summary of the main points of the ECJ Judgment in the case Gauweiller C-62/14. It concerns the referral by the German Constitutional Court for the preliminary ruling about the compatibility of the ECB's Outright Monetary Transaction Programe announced in 2012 with the EU law.

The European Union, like its Member States, has to comply with the principle of the rule of law and respect for fundamental rights when fulfilling the tasks set out in the Treaties. These legal obligations have been framed progressively by the case law of the European Court of Justice. The Court filled the gaps in the original Treaties, thus simultaneously ensuring the autonomy and consistency of the EU legal order and its relation with national constitutional orders. Since the entry into force ...