ECJ rules on Singapore-EU FTA

Posted on: 17/05/2017

On the 16th May 2017 the European Court of Justice rules on whether the EU Parliament alone can ratify an EU Free Trade Agreement.  The decision had mixed reactions

The Guardian announced that "Surprise ruling confirms EU officials have key negotiation powers in trade talks with approval of state parliaments not needed"  Read More

While Eurativ said: "Singapore trade deal cannot be concluded by EU alone, ECJ rules" Read More

The ECJ Luxembourg court did acknowledge that a large part of the agreement does fall under exclusive EU competence, as provided by the Common Commercial Policy (CCP). But it highlighted that portfolio investment and dispute settlement between investors and the state cannot be established without member state consent.  So it is a mixed message for EU-UK negotiators which, in theory will make negotiations and implementation easier for some areas of the trade agreement but not all.

The CJEU’s press release is here.

The CJEU’s Opinion is here.


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