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ISDS in conflict with EU treaties

24 February 2016

ISDS in conflict with EU treaties

The SP doubts that the arbitration system known as Investor State Dispute Settlement (ISDS) is compatible with the European Union treaties, and is seeking therefore an official opinion from the European Court of Justice on the issue. The European Union of Judges recently made a number of sharply critical observations regarding the ISDS, while the German Judges' Council has also published an opinion casting doubt on its compatibility.

SP Euro-MP Anne-Marie Mineur believes that the opinion is necessary before trade treaties such as TTIP and CETA can come into force. “The arbitration system that the European Commission is proposing is a parallel system by means of which foreign investors can bypass democratically determined national laws, with no possibility of appeal,” she says. “There are moreover several examples of the same system being used to put pressure on government policies with the threat of enormous claims for damages. That applies just as much to the new system, ICS, as it does to the original ISDS. Before we introduce such a system on a widespread scale and thus raise it to standard, I want the European Court of Justice to look into it in detail and give an opinion.”

An opinion of the Court can be requested by a minimum 10% of the Members of the European Parliament, 76 or more in total. Mineur is working on a resolution to that effect.

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