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CETA ratification process: Latest developments

02-10-2017

Since June 2017, several significant developments have occurred in relation to the ratification process of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. This updates an earlier 'at a glance' note, published in June 2017.

Since June 2017, several significant developments have occurred in relation to the ratification process of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. This updates an earlier 'at a glance' note, published in June 2017.

CETA ratification process: Recent developments

21-06-2017

On 28 October 2016, the Council decided to sign the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and on 15 February 2017 the European Parliament gave its consent to the agreement's conclusion. As CETA is a mixed agreement, the EU Member States are currently in the process of ratifying it in accordance with their constitutional requirements. Only after all have done so, can the Council adopt a decision to conclude CETA, after which the agreement will enter into force.

On 28 October 2016, the Council decided to sign the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and on 15 February 2017 the European Parliament gave its consent to the agreement's conclusion. As CETA is a mixed agreement, the EU Member States are currently in the process of ratifying it in accordance with their constitutional requirements. Only after all have done so, can the Council adopt a decision to conclude CETA, after which the agreement will enter into force.

RESEARCH FOR PECH COMMITTEE – Common Fisheries Policy and BREXIT

15-06-2017

This is the reference document of the Workshop on “Common Fisheries Policy and BREXIT” of 21th June 2017, organised by the Committee on Fisheries (COMPECH) and the Policy Department B (PECH Research) of the European Parliament. It is structured in three parts: 1. Legal framework for governance 2. Trade and economic related issues 3. Resources and fisheries

This is the reference document of the Workshop on “Common Fisheries Policy and BREXIT” of 21th June 2017, organised by the Committee on Fisheries (COMPECH) and the Policy Department B (PECH Research) of the European Parliament. It is structured in three parts: 1. Legal framework for governance 2. Trade and economic related issues 3. Resources and fisheries

Zunanji avtor

José Manuel SOBRINO HEREDIA, Bertrand LE GALLIC, Simon MARDLE, Sébastien METZ , Thünen-Institut of Sea Fisheries in Hamburg: Doering Ralf;Kempf Alexander;Belschner Tobias;Berkenhagen Jörg;Bernreuther, Matthias;Hentsch Solveig;Kraus Gerd;Raetz Hans-Joachim;Rohlf Norbert;Simons Sarah;Stransky Christoph;Ulleweit Jens

Prospects for a Multilateral Investment Court

14-06-2017

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

EU Economic Diplomacy Strategy

03-03-2017

The post-World War II order is undergoing profound changes with globalisation and the emergence of new economic powers. The economy has gradually taken over as the main driver of political influence and global now transcend the old national or regional divides. As the EU was emerging as a global economic player, the economic and financial crisis made the need to tap into foreign markets all the greater. The creation of the European External Action Service (EEAS), incorporating the EU delegations, ...

The post-World War II order is undergoing profound changes with globalisation and the emergence of new economic powers. The economy has gradually taken over as the main driver of political influence and global now transcend the old national or regional divides. As the EU was emerging as a global economic player, the economic and financial crisis made the need to tap into foreign markets all the greater. The creation of the European External Action Service (EEAS), incorporating the EU delegations, and the new EU competence for direct foreign investment under the Treaty of Lisbon have given the Union the tools to assume an independent identity in economic diplomacy. As a result, the EU’s business-promotion policy evolved into a much more sophisticated economic diplomacy strategy, handled in a more structured manner by the Commission and the EEAS. The European Parliament must now be involved, beyond its legislative and scrutiny roles, in devising this new strategy. Not only could the EP add to the debate but it can also help the Commission and the EEAS with its long-established tradition of parliamentary diplomacy.

The UK's 'new settlement' in the European Union: Renegotiation and referendum

25-02-2016

Following the election of a majority Conservative government in the UK general election of May 2015, the British Prime Minister, David Cameron, opened negotiations with the other EU Member States and the EU institutions to establish a 'new settlement' between the UK and the Union. This renegotiation, conducted in recent months, has now concluded. On the basis of proposals made by the President of the European Council, Donald Tusk, Member States reached an agreement at the European Council meeting ...

Following the election of a majority Conservative government in the UK general election of May 2015, the British Prime Minister, David Cameron, opened negotiations with the other EU Member States and the EU institutions to establish a 'new settlement' between the UK and the Union. This renegotiation, conducted in recent months, has now concluded. On the basis of proposals made by the President of the European Council, Donald Tusk, Member States reached an agreement at the European Council meeting of 18-19 February. The agreement comprises a decision by the Heads of State or Government – constituting an agreement between Member States under international law rather than a European Council decision – as well as a draft Council decision on the banking union and several declarations by the European Commission committing it to submit proposals to amend existing EU legislation in the fields of free movement and access to social benefits for EU workers. The agreement would enter into force once the UK has notified the Council of its decision to stay in the EU, following the in–out referendum, now set for 23 June 2016.

Article 50 TEU: Withdrawal of a Member State from the EU

18-02-2016

The right of a Member State to withdraw from the European Union was introduced for the first time with the Lisbon Treaty; the possibility of withdrawal was highly controversial before that. Article 50 TEU does not set down any substantive conditions for a Member State to be able to exercise its right to withdraw, rather it includes only procedural requirements. It provides for the negotiation of a withdrawal agreement between the EU and the withdrawing state, defining in particular the latter's future ...

The right of a Member State to withdraw from the European Union was introduced for the first time with the Lisbon Treaty; the possibility of withdrawal was highly controversial before that. Article 50 TEU does not set down any substantive conditions for a Member State to be able to exercise its right to withdraw, rather it includes only procedural requirements. It provides for the negotiation of a withdrawal agreement between the EU and the withdrawing state, defining in particular the latter's future relationship with the Union. If no agreement is concluded within two years, that state's membership ends automatically, unless the European Council and the Member State concerned decide jointly to extend this period. The legal consequence of a withdrawal from the EU is the end of the application of the EU Treaties (and the Protocols thereto) in the state concerned from that point on. EU law ceases to apply in the withdrawing state, although any national acts adopted in implementation or transposition of EU law would remain valid until the national authorities decide to amend or repeal them. A withdrawal agreement would need to address the phasing-out of EU financial programmes and other EU norms. Experts agree that in order to replace EU law, specifically in any field of exclusive EU competence, the withdrawing state would need to enact substantial new legislation and that, in any case, complete isolation of the withdrawing state from the effects of the EU acquis would be impossible if there is to be a future relationship between former Member State and the EU. Furthermore, a withdrawal agreement could contain provisions on the transitional application of EU rules, in particular with regard to rights deriving from EU citizenship and to other rights deriving from EU law, which would otherwise extinguish with the withdrawal.

EU-Canada Comprehensive Economic and Trade Agreement

19-01-2016

EU-Canada negotiations for a Comprehensive Economic and Trade Agreement (CETA) were declared concluded in September 2014. Except for a few sensitive agricultural products, CETA would remove practically all tariffs on goods exchanged between the two partners, and create important new market opportunities in, among others, financial services, telecommunications, energy and maritime transport, while reserving the parties' right to regulate their internal public affairs. Canada would substantially open ...

EU-Canada negotiations for a Comprehensive Economic and Trade Agreement (CETA) were declared concluded in September 2014. Except for a few sensitive agricultural products, CETA would remove practically all tariffs on goods exchanged between the two partners, and create important new market opportunities in, among others, financial services, telecommunications, energy and maritime transport, while reserving the parties' right to regulate their internal public affairs. Canada would substantially open up its public procurement, at both federal and sub-federal level, thereby eliminating a major asymmetry in access to each other's public procurement markets. The consolidated CETA text is currently undergoing legal-linguistic review. Once this 'legal scrubbing' and the translation into all official EU languages are completed, the Commission can submit it to the Council and the European Parliament for approval. It is still to be decided whether the agreement in its entirety falls under exclusive competence of the European Union or would also touch upon Member States' competences. In the latter case, ratification by the Member States would also be necessary for the agreement to come into force. CETA brings forward a number of innovations to reform and reshape investment protection provisions in general and the investor-state-dispute settlement (ISDS) mechanism in particular. Nevertheless, persistent opposition to investment protection, and ISDS in particular, has given rise to proposals to incorporate (elements of) the new investment court system (ICS) into CETA. The Commission is reportedly not pressing for including its entire ICS proposal into CETA; however, it intends to 'fine-tune' the agreement within the process of legal scrubbing. Working towards including (elements of) the ICS system into CETA could then be envisaged via the use of review clauses.

The European Social Charter in the Context of Implementation of the EU Charter of Fundamental Rights

12-01-2016

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the AFCO Committee. Despite its increased visibility and relevance to fields covered by the EU, the European Social Charter has been largely ignored from the more recent developments concerning the protection of fundamental rights in the EU legal order. This creates the risk of conflicting obligations imposed on the EU Member States, respectively as members ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the AFCO Committee. Despite its increased visibility and relevance to fields covered by the EU, the European Social Charter has been largely ignored from the more recent developments concerning the protection of fundamental rights in the EU legal order. This creates the risk of conflicting obligations imposed on the EU Member States, respectively as members of the EU and as States parties to the European Social Charter. Various options could be explored to move beyond the current impasse.

Zunanji avtor

Olivier DE SCHUTTER (University of Louvain - UCL, Belgium)

The Context and Legal Elements of a Proposal for a Regulation on the Administrative Procedure of the European Union's Institutions, Bodies, Offices and Agencies

08-01-2016

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. It provides for an analysis of and comments on the proposal for a Regulation on EU administrative procedural law prepared by the project team supporting the Working Group on Administrative Law and endorsed by the latter Working Group. The purpose of this Regulation is fostering compliance with the general principles of EU law, reducing the ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. It provides for an analysis of and comments on the proposal for a Regulation on EU administrative procedural law prepared by the project team supporting the Working Group on Administrative Law and endorsed by the latter Working Group. The purpose of this Regulation is fostering compliance with the general principles of EU law, reducing the fragmentation of applicable rules, improving transparency and allowing for simplification of Union legislation by establishing a concise basic set of procedural provisions common to multiple policies.

Zunanji avtor

Diana-Urania Galetta (University of Milan, Italy), Herwig C. H. Hofmann (University of Luxembourg, Luxembourg), Oriol Mir Puigpelat (University of Barcelona, Spain) and Jacques Ziller (University of Pavia, Italy)

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