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EU investment protection after the ECJ Opinion on Singapore: Questions of competence and coherence

25-03-2019

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 ...

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 court. At the same time, the European Court of Justice defined the limits of the Union’s exclusive competence in its opinion of 16 May 2017 with regard to the EU-Singapore Free Trade Agreement (FTA), which has led to the splitting of new FTAs into two parts, treating investment protection separately. Adding to the complex picture, a plethora of EU Member States’ bilateral investment treaties also remain in place. The workshop held by the Committee on International Trade took stock of existing EU investment protection provisions and analysed the options for a coherent and predictable dispute settlement system in line with the EU Treaties.

Autor externo

Prof. Dr. Steffen HINDELANG, LL.M., Department of Law, University of Southern Denmark, and Dr. Jurgita BAUR, Germany; and Prof. Dr. Stephan SCHILL, LL.M., Amsterdam Center for International Law, University of Amsterdam, the Netherlands

Trade and investment agreements with Singapore

07-02-2019

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 ...

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 session.

International Agreements in Progress: EU-Singapore trade and investment agreements closer to conclusion

09-10-2018

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 ...

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 expected to authorise the signature of the agreements in October 2018. The Commission aims to have the trade agreement come into effect before the end of its mandate in 2019, after its approval by the Council and the European Parliament. Singapore will be the first member state of the Association of Southeast Asian Nations (ASEAN) to sign bilateral trade and investment agreements with the EU. The EU views bilateral agreements with ASEAN members as steps towards achieving the final objective of a region-to-region trade and investment agreement with ASEAN. Therefore, the EU Singapore agreements are considered a reference as regards the EU's ambition to conclude trade and investment agreements with other ASEAN members. Second edition. The ‘International Agreements in Progress’ briefings are updated at key stages throughout the process, from initial discussions through to ratification. To view earlier editions of this briefing, please see: PE 607.255, June 2017.

The settlement of disputes arising from the United Kingdom's Withdrawal from the European Union

17-11-2017

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 ...

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 and, based on CJEU case-law and previous international agreements, presents the various governance possibilities for these agreements.

CJEU Opinion on EU-Canada PNR agreement

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.

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.

CJEU Opinion on the EU-Singapore Agreement

29-05-2017

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, ...

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, therefore, the agreement would need to be concluded as a ‘mixed agreement’.

What next after Opinion 2/13 of the Court of Justice on the accession of the EU to the ECHR?

15-09-2016

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 ...

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 to the draft agreement to meet the Court’s requirements, the current jurisdictional status of the CFSP being the most problematic factor.

Autor externo

Jean Paul JACQUÉ, Professeur émérite à l’Université de Strasbourg Directeur général honoraire au Conseil de l’Union européenne

The ECB's Outright Monetary Transaction Programme compatibility with the EU Law (Judgment in case Gauweiller C-62/14)

15-06-2015

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 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.

Fundamental Rights in the European Union: The role of the Charter after the Lisbon Treaty

27-03-2015

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 ...

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 of the Lisbon Treaty, these principles have also been expressly laid down in the Treaties and in the Charter of Fundamental Rights. Being part of the body of EU constitutional rules and principles, the Charter is binding upon the EU institutions when adopting new measures, as well as for Member States during implementation. The Charter is the point of reference, not only for the Court of Justice, but also for the EU legislature, especially when EU legislation gives specific expression to fundamental rights. Moreover, fundamental rights are also of relevance for EU legislation covering all the other areas of Union competence.

Amendment of the Statute of the Court of Justice

29-06-2012

The Court of Justice of the European Union (CJEU) has proposed amendments to its Statute to cope with a significant increase in its case-load. The increasing numbers of cases awaiting judgment stem from enlargement and the development of EU competences. Despite the Court successfully taking procedural steps to reduce the time taken to deal with cases, further changes are needed to avoid infringement of the principle of timely justice.

The Court of Justice of the European Union (CJEU) has proposed amendments to its Statute to cope with a significant increase in its case-load. The increasing numbers of cases awaiting judgment stem from enlargement and the development of EU competences. Despite the Court successfully taking procedural steps to reduce the time taken to deal with cases, further changes are needed to avoid infringement of the principle of timely justice.

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