Por fin un poco de luz en el farragoso debate competencial en el marco de los nuevos tratados de comercio e inversión de la Unión EuropeaDictamen 2/15 del Tribunal de Justicia de la Unión Europea

Abstract

Opinion 2/15 of the Court of Justice of the European Union solves the question of the division of competences between the Union and its member states for the conclusion of the free trade agreement between the EU and Singapore. However, the importance of this decision goes beyond the agreement itself; this is the first time the Court has ruled on the delimitation of competences for the conclusion of the «new generation» free trade agreements promoted by the Union after entry into force the Lisbon Treaty, such as CETA or the currently stranded TTIP. Thus, the opinion is a key element for the future development of the Union’s new trade and investment policy. The Court of Justice has ruled that the EU-Singapore Agreement should be concluded as mixed agreement, because it includes commitments on the protection of investments other than foreign direct investments, an investor-state dispute settlement mechanism, and institutional arrangements relating to matters of shared competence. It will therefore require the consent of the Union and all its member states to enter into force