Paul Magnette, former Minister-President of the Walloon Region (Belgium), warned on Tuesday 30 April that the Belgian Socialist Party (PS) would continue to "refuse any arbitration mechanism" under the Free Trade Agreement with Canada (CETA), thus expressing its disagreement with the opinion of the Court of Justice of the European Union (CJEU, delivered earlier today, that the judicial system of CETA is compatible with EU law (see EUROPE 12245/3).
"I respect the Court's opinion, even if I do not share it and would have preferred the Court to invalidate the mechanism", commented the man who, in autumn 2016, embodied opposition to the CETA after the Parliament of the Walloon Region blocked Belgium's approval of the signing of this agreement by the EU (see EUROPE 11646/2).
According to Mr Magnette, the investor-State dispute arbitration (ICS) mechanism provided for by the CETA - at the heart of Belgium's referral to the CJEU (see EUROPE 11856/9) - affects the interests of public authorities and individuals, as it is open only to complaints from companies.
Mixed reactions
Like Mr Magnette and many NGOs (see EUROPE 12245/3), the European Environment Bureau (EEB), a network of environmental citizens' organisations in Europe, deplored the Court's verdict on Thursday 2 May. According to the EEB, the Court's opinion "places multinationals above citizens", as the ICS violates the principle of equality before the law by granting special rights and privileges to large companies.
When contacted by EUROPE, the European Consumer Organisation (BEUC) reacted in a more nuanced way. While recalling its support for free trade, the organisation wonders about the effect that complaints from foreign investors could have on consumer protection measures. "Will Member States nevertheless settle claims early – to avoid the risk of long and costly proceedings – by lowering their ambition on measures to protect people?", asks Laurens Rutten, BEUC's communication officer.
On the other hand, BusinessEurope, representing European employers, welcomed the CJEU's decision, which "brings more clarity and legal certainty to companies". (Original version in French by Damien Genicot - intern)