CETA: Support Resolution (2016/2981(RSP) seeking an Opinion of the ECJ on compatibility of ICS in CETA with EU Treaties

ClientEarth advocates for a European Court of Justice (ECJ) Opinion on the compatibility of CETA's Investment Court System (ICS) with EU Treaties to ensure legal certainty and avoid future constitutional crises or international embarrassment.

• ClientEarth argues that seeking an ECJ Opinion is necessary to ensure that investment protection in EU trade agreements respects the jurisdiction of EU and Member State courts, aligning with the European Parliament's TTIP resolution of 8 July 2015.
• The document asserts that the academic community and the German and European Association of Judges have expressed significant concerns regarding the compatibility of the ICS in CETA with EU Treaties.
• ClientEarth claims that requesting an ECJ Opinion will not delay CETA's ratification, as the process requires approval from all Member States and may be delayed by other factors, such as a ruling from Germany's Constitutional Court.
• Failure to obtain legal certainty now could lead to a future conflict where the EU must choose between complying with EU law by refusing to pay investment tribunal awards or adhering to international law, potentially causing an internal constitutional crisis or international embarrassment.

APA

Thornton, J. (2016). CETA: Support Resolution (2016/2981(RSP) seeking an Opinion of the ECJ on compatibility of ICS in CETA with EU Treaties. ClientEarth. https://www.clientearth.org/media/vwkkm1c3/ceta-support-resolution-letter-to-the-european-parliament-ce-en1.pdf

Chicago

Thornton, James. CETA: Support Resolution (2016/2981(RSP) seeking an Opinion of the ECJ on compatibility of ICS in CETA with EU Treaties. ClientEarth, 2016. https://www.clientearth.org/media/vwkkm1c3/ceta-support-resolution-letter-to-the-european-parliament-ce-en1.pdf.

Wikipedia

{{cite press release |last1=Thornton |first1=James |title=CETA: Support Resolution (2016/2981(RSP) seeking an Opinion of the ECJ on compatibility of ICS in CETA with EU Treaties |publisher=ClientEarth |date=17 November 2016 |url=https://www.clientearth.org/media/vwkkm1c3/ceta-support-resolution-letter-to-the-european-parliament-ce-en1.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{thornton2016ceta, author = {Thornton, James}, title = {{CETA: Support Resolution (2016/2981(RSP) seeking an Opinion of the ECJ on compatibility of ICS in CETA with EU Treaties}}, publisher = {ClientEarth}, year = {2016}, month = nov, url = {https://www.clientearth.org/media/vwkkm1c3/ceta-support-resolution-letter-to-the-european-parliament-ce-en1.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }