Opinion 2/15. The free trade agreement with Singapore cannot, in its current form, be concluded by the European Union alone

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Series Details No.52 (16.05.17)
Publication Date 16/05/2017
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On 13-14 September 2016 the Court of Justice of the EU (CJEU) held hearings for Opinion 2/15, which concerned the EU’s competence to conclude a new Free Trade Agreement (FTA) with Singapore, in a rare sitting of the Full Court of CJEU judges.

On 16 May 2017 the Court gave its conclusions on Opinion 2/15. The free trade agreement with Singapore cannot, in its current form, be concluded by the European Union alone. The provisions of the agreement relating to non-direct foreign investment and those relating to dispute settlement between investors and States do not fall within the exclusive competence of the European Union, so that the agreement cannot, as it stands, be concluded without the participation of the Member States.

However, commentators noted that the judges of the ECJ had ruled that the scope of exclusive EU competences was much bigger than the opinion by the ECJ Advocate-General suggested in December 2016. Some of the commentary on the judgment also speculated on its possible impact on the Brexit negotiations, with division as to whether it would help or hinder the facilitation of a future trade agreement between the United Kingdom and the EU (see related url hyperlinks).

Source Link Link to Main Source https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-05/cp170052en.pdf
Related Links
ESO: Europe’s new trade wars - with itself http://www.europeansources.info/record/europes-new-trade-wars-with-itself/
ESO: Opinion 2/15 on the scope of EU external trade policy: Some background information before next week’s hearing http://www.europeansources.info/record/opinion-2-15-on-the-scope-of-eu-external-trade-policy-some-background-information-before-next-weeks-hearing/
ESO: Singapore: The Commission to request a Court of Justice Opinion on the trade deal http://www.europeansources.info/record/press-release-singapore-the-commission-to-request-a-court-of-justice-opinion-on-the-trade-deal/
European Commission: DG Trade: Policy: Countries and regions: Singapore http://ec.europa.eu/trade/policy/countries-and-regions/countries/singapore/
The Guardian, 16.05.17: UK Brexit boost as ECJ rules trade deals do not require extra ratification https://www.theguardian.com/law/2017/may/16/uk-brexit-boost-ecj-rules-trade-deals-parliament-ratification
EUObserver, 16.05.17: Trade deal ratification needs member states, EU court says https://euobserver.com/economic/137919
EurActiv, 16.05.17: Singapore trade deal cannot be concluded by EU alone, ECJ rules http://www.euractiv.com/section/economy-jobs/news/singapore-trade-deal-cannot-be-concluded-by-eu-alone-ecj-rules/
Politico, 16.05.17: EU’s top court: Trade deals must be ratified at national level http://www.politico.eu/article/eus-top-court-trade-deals-must-be-ratified-at-national-level/
Politico, 16.05.17: Court ruling makes Brexit harder. Or easier. http://www.politico.eu/article/court-ruling-makes-brexit-harder-or-easier/
Court of Justice of the European Union: Press Release, No.147, 21.12.2016: Advocate General’s Opinion in Opinion procedure 2/15 https://curia.europa.eu/jcms/upload/docs/application/pdf/2016-12/cp160147en.pdf
BBC News, 16.05.17: EU countries to decide on Singapore trade deal http://www.bbc.co.uk/news/world-europe-39934196
Deutsche Welle, 16.05.17: Could EU-Singapore trade ruling make for slow Brexit? http://p.dw.com/p/2d1zx
In Facts, 16.05.17: European Court ruling: a shot from a Singapore sling https://infacts.org/european-court-ruling-shot-singapore-sling/
EurActiv, 19.05.17: [Opinion] Trust in EU trade policy boosted by court decision http://www.euractiv.com/section/economy-jobs/opinion/trust-in-eu-trade-policy-boosted-by-court-decision/
Blog: Verfassungsblog, 17.05.17: The Singapore Silver Bullet (by Daniel Sarmiento) http://verfassungsblog.de/the-singapore-silver-bullet/
The Conversation, 22.05.17: Why the EU’s Singapore ruling does not lead to a smoother Brexit road for Britain http://theconversation.com/why-the-eus-singapore-ruling-does-not-lead-to-a-smoother-brexit-road-for-britain-78116
Blog: Open Europe, 17.05.17: ECJ ruling on Singapore deal offers easier route to a broad UK-EU trade deal http://openeurope.org.uk/today/blog/ecj-ruling-singapore-deal-offers-easier-route-broad-uk-eu-trade-deal/
European Parliament: EPRS At a Glance, May 2017: CJEU Opinion on the EU-Singapore Agreement http://www.europarl.europa.eu/RegData/etudes/ATAG/2017/603955/EPRS_ATA(2017)603955_EN.pdf
Blog: Verfassungsblog, 31.05.17: Mixity after Opinion 2/15: Judicial Confusion over Shared Competences http://verfassungsblog.de/mixity-after-opinion-215-judicial-confusion-over-shared-competences/
Blog: Verfassungsblog, 23.05.17: The Singapore Opinion or the End of Mixity as We Know It http://verfassungsblog.de/the-singapore-opinion-or-the-end-of-mixity-as-we-know-it/

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