Documente Academic
Documente Profesional
Documente Cultură
of Human Rights
Oct 17, 2016
A new film presenting the European Court of Human Rights has
just been produced.
Aimed at a wide audience, the film explains how the Court
works, describes the challenges faced by it and shows the
scope of its activity through examples from the case-law.
The film is currently available in French and English, but will be
issued in other official languages of the member States of the
Council of Europe.
https://www.youtube.com/watch?v=EPWGdhgQlgk&list=PLT6qb4oU5fiINe8Cp23qVZ5kNHEX747X
CETA AGREEMENT IRELAND INCLUDED
http://trade.ec.europa.eu/doclib/docs/2014/september/tradoc_15280
6.pdf
http://trade.ec.europa.eu/doclib/docs/2015/july/tradoc_153591.pdf
EU Strategic Framework and Action Plan on Human Rights and
Democracy EU Strategic Framework on Human Rights and
Democracy
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN
/foraff/131181.pdf
Jean-Claude Juncker Candidate for President of the European
Commission A New Start for Europe- My Agenda for Jobs, Growth,
Fairness and Democratic Change Political Guidelines for the next
European Commission Opening Statement in the European
Parliament Plenary Session Strasbourg, 15 July 2014
http://ec.europa.eu/priorities/sites/beta-political/files/junckerpolitical-guidelines-speech_en_0.pdf
Mr Marc Jaeger is re-elected President of the General Court of the
European Union Born 1954; law degree from the Robert Schuman
University of Strasbourg; studied at the College of Europe
http://curia.europa.eu/jcms/upload/docs/application/pdf/201609/cp160103en.pdf
Entry into office of new Members at the Court of Justice and the General
Court of the European Union
http://curia.europa.eu/jcms/upload/docs/application/pdf/201609/cp160101en.pdf
GUIDELINESONTHEIMPLEMENTATIONOFTHECOURTOFJUSTICEOFTHEEUROPEAN
UNIONJUDGMENTONGOOGLESPAINANDINCV.AGENCIAESPANOLADE
PROTECCIONDEDATOS(AEPD)ANDMARIOCOSTEJAGONZALEZC131/12Adoptedon
26November2014
http://ec.europa.eu/justice/data-protection/article29/documentation/opinionrecommendation/files/2014/wp225_en.pdf
factsheet_data_protection_en European Parliament and of the
Council of 24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free movement
of such data
http://ec.europa.eu/justice/dataprotection/files/factsheets/factsheet_data_protection_en.pdf
A NEW SUPRANATIONAL COURT FOR REFUGEE AND ASYLUM LAWTHE COURT OF JUSTICE OF THE EUROPEAN UNION A COMMENTARY
OF ITS RECENT CASE LAW
http://www.iarlj.org/general/images/stories/BLED_conference/papers/
20._Errera_-_Bled_2011.pdf
Court of Justice of the European Union A guide to information
sources on the Court of Justice of the European Union (CJEU), with
hyperlinks to further sources of information within European Sources
http://orca-mwe.cf.ac.uk/77346/1/Court%20of%20Justice.pdf
http://www.loc.gov/law/help/eu-data-retention-directive/eu-dataretention-directive.pdf
http://data.consilium.europa.eu/doc/document/ST5368-2016-REV-2/en/pdf
The text of the agreement of
EU Canada Summit
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?
uri=OJ:L:2006:105:0054:0063:EN:PDF
EU-Canada
Strategic
Partnership
Agreement
Brussels, 29/10/2016
http://data.consilium.europa.eu/doc/document/ST-10973-2016INIT/en/pdf
https://www.youtube.com/watch?
v=7_4jpfMpk1I
https://www.youtube.com/watch?
v=9ybkAS8379o
May that the UK will be better off within the European Union.
May made the remarks while speaking at a Goldan Sachs bank
in London. The audio recording, leaked to the Guardian
newspaper, contradicts Mays public stance which supports
Britains exit from the EU. In the hour-long session before the
bankers, she voices concern about the Brexits effects on
economy and security. The disclosures may prove
embarrassing for May, who faced criticism for lying low during
the campaign in the lead-up to the June referendum on Britain
leaving the EU. May took over from former prime minister
David Cameron to spearhead the UKs removal from the
European Union.
Watch Live: http://www.presstv.com/live.html
Twitter: http://twitter.com/PressTV
LiveLeak: http://www.liveleak.com/c/PressTV
Facebook: http://www.facebook.com/PRESSTV
Google+: http://plus.google.com/+VideosPTV
Instagram: http://instagram.com/presstvchannel
Dailymotion: http://www.dailymotion.com/presstv
https://www.youtube.com/watch?v=-7BlY_t3vuo
https://www.youtube.com/watch?
v=OC5GGcTfrKw&list=PL3ZQ5CpNulQmrtKH
3M5yqcwVchvSiGlxd
In other words, and despite the democratically expressed will
of the people, a relative handful MPs should decide the matter.
The arrogance of Blair, Hammond, Osborne, Clegg, Fallon,
Miliband and others is staggering. They seem to believe they
have a God-given right to rule, and we peasants should simply
shut up and do as we are told, just like in the "good-old
https://www.youtube.com/watch?
v=McWOWrSFSEo
Results of phase 3 of the CATIE schizophrenia
trial.
http://europepmc.org/articles/PMC2675163
The CATIE and CUtLASS Studies in
Schizophrenia Results and Implications for
Clinicians
http://schizophreniabulletin.oxfordjournals.or
g/content/29/1/45.full.pdf
Canadian HIV/AIDS Legal Network HIV/AIDS
POLICY &...
Canadian HIV/AIDS Legal Network REVIEW POLICY & LAW
HIV/AIDS medicines imperilled by EU-India ... USA: Justice
Dept
http://librarypdf.catie.ca/PDF/ATI20000s/26305E_v15_2.pdf
http://curia.europa.eu/jcms/upload/docs/appli
cation/pdf/2008-09/statut_2008-09-25_17-2958_783.pdf
Draft Treaty amending the Treaty on
European Union and the Treaty establishing
the European Community, The Institutions of
the Union and article 2.3n of the Draft Reform
Treaty of 23 July 2007
http://www.consilium.europa.eu/uedocs/cmsU
pload/cg00001.en07.pdf
The European Court of Justice and the
judicialization of EU governance
http://www.europeangovernancelivingreviews.org/Articles/lreg-20102/download/lreg-2010-2Color.pdf
ECJ General Advocates opinion on sea surveillance
and the Schengen Borders Code: reasserting the
Parliaments legislative role, re-opening the Frontex
debate?
http://www.statewatch.org/news/2012/may/ecjschengen
borders.pdf
Schengen Borders Code as regards the surveillance of the sea external borders in the
context of operational cooperation coordinated by the European Agency for the
Management of Operational Cooperation at the External Border
http://register.consilium.europa.eu/doc/srv?
l=EN&f=ST%208089%202010%20INIT
Pushed Back, Pushed Around Italys Forced
Return of Boat Migrants and Asylum Seekers,
Libyas Mistreatment of Migrants and Asylum
Seekers
https://www.hrw.org/sites/default/files/reports
/italy0909webwcover_0.pdf
ARALLEL TRADE IN PHARMACEUTICAL
RODUCTS IN EUROPE...
rules, and another, higher ... This was the question addressed
by the European Court of Justice (ECJ) ... member states
and deprived national health insurance systems .
https://www.cov.com/-/media/files/corporate/
publications/2009/10/parallel-trade-inpharmaceutical-products-in-europe---theeuropean-court-of-justice.pdf
http://freepdfhosting.com/1dd91a3736.pdf
http://www.ema.europa.eu/docs/en_GB/docu
ment_library/Press_release/2013/07/WC5001
46619.pdf
Meeting highlights from the Pharmacovigilance Risk
Assessment Committee (PRAC) 24-27 October 2016
http://www.ema.europa.eu/docs/en_GB/docu
ment_library/Agenda/2016/10/WC500215117.
pdf
Restrictions of Competition and Free
Movement in EU Law
http://www.jus.uio.no/ifp/forskning/prosjekter/
markedsstaten/arrangementer/2011/freemovement-oslo/speakers-papers/nazzini.pdf
http://www.slaughterandmay.com/media/866
475/eu_competition_newsletter_02_oct__08_oct_2009.pdf
The EU competition rules on horizontal
agreements A guide to the assessment of
horizontal agreements (including the
European Commissions guidelines on
horizontal cooperation and the block
exemption regulations on R&D and
specialisation agreements) June 2016
http://www.slaughterandmay.com/media/645
78/the-eu-competition-rules-on-horizontalagreements.pdf
http://www.slaughterandmay.com/media/253
5769/ten-questions-on-the-apple-state-aiddecision.pdf
http://www.slaughterandmay.com/media/253
5608/ip-withholding-tax-is-the-ukoverreaching.pdf
We advise on all aspects of European competition law.
In particular, we handle notifications to the European
Commission under the EU Merger Regulation and represent
clients facing investigations and complaints under Articles
101 and 102 TFEU, as well as equivalent national laws. We
also advise on the rules on State aid, as well as monitoring
other EU developments and maintaining regular contact with
Commission officials.
Situated at the heart of the European quarter, our Brussels
office is co-located with five of our European 'Best Friends'
firms with whom we work closely. Our relationships with
specialist competition practices across Europe and globally
mean that we are exceptionally well-placed to deal with
cross-border cases and issues raised by the increased cooperation between competition authorities.
Our Brussels team comprises 13 specialist competition
lawyers and works as an integral part of our Competition
practice.
http://europeancompetitionlawyersforum.com
/documents/base/S9.pdf
A Europe of Judges
The powerful European Court of Justice ...
Without the ECJs doctrines of direct effect
and primacy, and ... Ireland during the
referendum on the Lisbon
http://eprints.maynoothuniversity.ie/3049/1/J
OB_A_Europe_of_Judges.pdf
The European Union (EU) and Canada have signed their long-awaited
Comprehensive Economic and Trade Agreement (CETA), which, when fully
implemented, will eliminate 99 percent of trade tariffs.
The agreement was signed by European Council President Donald Tusk,
European Commission President Jean-Claude Juncker, and Canadian Prime
Minister Justin Trudeau. The signing took place at the 16th Canada-EU
Summit, on October 30, three days later than planned.
In a joint statement, Tusk, Juncker, and Trudeau said: "CETA will deliver
sustainable and inclusive economic growth and spur job creation. We are
committed to the swift provisional implementation of CETA so that
Europeans and Canadians are able to enjoy the benefits that CETA will bring
as soon as possible. We remain fully committed to the principle that trade
agreements should fully preserve the ability of governments to regulate in the
public interest, especially with regard to public services as well as
environmental and labor protections. We are firmly committed to ensuring
that our stakeholders, including employers, trade unions, consumer and
environmental groups, participate in the ongoing implementation of CETA."
CETA will eliminate duties quickly. Upon entry into force, 98 percent of EU
tariff lines will be duty-free for goods that originate in Canada. Within seven
years of CETA's entry into force, 99 percent of EU tariff lines will be duty-free.
The US Internal Revenue Service (IRS) has confirmed that, to comply with
new legislation, it will delay until February 15 the payment of refunds in the
next tax filing season on individual income tax returns involving the earned
income tax credit (EITC) and additional child tax credit (ACTC).
Its action is driven by the provisions of the Protecting Americans from Tax
Hikes Act of 2015 (PATH Act), which was enacted on December 18 last year,
and made several changes to the tax law to reduce fraud and improper
payments.
To that end, the PATH ACT brought forward the deadline for employers to
report wage information on forms W-2, W-3, and form 1099-MISC to January
31 each year (rather than, in the past, the end of February, if filing on paper, or
the end of March, if filing electronically).
To comply with the law, the IRS will therefore hold refunds on EITC and
ACTC-related returns to allow additional time to help prevent revenue lost
due to identity theft and refund fraud related to fabricated wages and
withholdings. The agency will hold the entire refund, as it cannot release the
part of the refund that is not associated with the EITC and ACTC.
Even with this change, however, the IRS confirmed that taxpayers should file
their returns as they normally do. Whether or not claiming the EITC or ACTC,
the IRS has cautioned taxpayers not to count on getting a refund by a certain
date. Though the IRS issues more than nine out 10 refunds in fewer than 21
days, some returns are held for further review.
"As tax season approaches, the IRS wants to be sure employers, especially
smaller businesses, are aware of these new deadlines," said IRS Commissioner
John Koskinen. "We are working with the payroll community and other
partners to share this information widely."
The International Monetary Fund has released a new report for countries in
the Middle East and North Africa, noting that low growth rates and oil prices
should encourage these territories to continue efforts to broaden their tax
bases, including by introducing value-added taxes.
"The countries of the Middle East and North Africa region are still facing two
of the world's most pressing economic and geopolitical issues: the slump in oil
prices and the intensification of conflicts," said IMF Middle East and Central
Asia Department Director Masood Ahmed at the report's launch in Dubai.
The report highlights the significant progress many countries had made over
recent months in adjusting to this new economic environment, particularly in
the area of spending and new revenues.
Some countries have started to find cost savings in their public wage bills. For
example, Saudi Arabia recently announced a number of measures to trim its
government wage bill, including by reducing allowances and limiting
overtime. Gulf Cooperation Council countries are also planning the
introduction of a value-added tax, it noted.
"Oil exporters are facing the difficult task of growing their economies in a
climate of lower budget revenues and spending cuts," Ahmed said. "Therefore,
the challenge now and into the future will be to find alternative sources of
revenues and economic growth to maintain the level of prosperity many of
them have become accustomed to."
Christine Lagarde, Managing Director of the International Monetary Fund
(IMF), said the reforms that the GCC countries have been implementing over
the past year in response to the decline in oil prices are impressive. She said
continued fiscal adjustment will be needed over the medium term. "Where
possible, countries should phase in deficit-reduction measures gradually,
while strengthening their medium-term fiscal frameworks and fiscal
transparency to support the adjustment. Policies to support growth and
employment will also need to continue."
"Over the past year, the IMF has further strengthened its relationship with the
GCC countries through our regular country visits, our technical assistance,
and our training program. The IMF stands ready to continue to support the
GCC countries in addressing their challenge of adjusting to the lower oil price
environment."
http://www.taxnews.com/news/IMF_Welcomes_MENA_Tax_Re
form_Progress____72617.html
UK Comprehensive Economic and Trade
Agreement (CETA)
https://www.tuc.org.uk/sites/default/files/TUC
%20CETA%20briefing%20for%20web.pdf
COMPREHENSIVE ECONOMIC AND TRADE AGREEMENT (CETA)
BETWEEN CANADA, OF THE ONE PART,
AND THE EUROPEAN UNION
[AND ITS MEMBER STATES, Ireland included
http://trade.ec.europa.eu/doclib/docs/2014/se
ptember/tradoc_152806.pdf
http://www.socialistsanddemocrats.eu/sites/d
efault/files/position_paper_investor_state_dis
pute_settlement_ISDS_en_150304_0.pdf
Comprehensive Economic
and Trade Agreement (CETA)
with Canada
http://www.europarl.europa.eu/RegData/etud
es/BRIE/2016/593491/EPRS_BRI(2016)593491
_EN.pdf
COMPREHENSIVE ECONOMIC AND TRADE
AGREEMENT (CETA) ... IRELAND, THE
HELLENIC ... the exclusive economic zone of
Canada,
http://trade.ec.europa.eu/doclib/docs/2014/se
ptember/tradoc_152806.pdf
Canada-Ireland Trade Balance. The Comprehensive
Economic and Trade Agreement ... recently signed
between the European Union and Canada has the potential
http://www.icccmtl.com/about/canadaireland-trade/
http://ec.europa.eu/environment/eia/pdf/eia_c
ase_law.pdf
Introduction
In its judgment in European Commission v Ireland 1, the Court of
Justice of the European Union (the "ECJ") has ruled that, by failing
D
D
D
Background:
The VHI was established under the Voluntary Health Insurance Act
of 1957 (the "1957 Act") with a view to providing voluntary health
insurance on the Irish market. Unlike its competitors, the VHI was
not subject to the authorisation and solvency requirements of EU
insurance directives as it was granted a derogation from such
regulation under Article 4 of the First Non-life Insurance Directive.
This derogation was granted on the provision that VHI's capacity
remain as it was at the time the derogation was granted.
Under Article 3 of the Third Non-life Insurance Directive,
notwithstanding the derogation granted to certain bodies under
Article 4 of the First Non-life Insurance Directive, Member States
were under an obligation to ensure that monopolies in the non-life
insurance market within their territories were abolished by 1 July
1994.
Subsequent to the derogation being granted, various legislation
was introduced which amended the 1957 Act. Through this
amending legislation, the VHI obtained various powers and rights
which extended beyond its capacity as at the time the derogation
was granted. For example:
the Voluntary Health Insurance (Amendment) Act of 1996 (the
"1996 Act") empowers the VHI to make and carry out 'healthrelated' insurance schemes;
Section 1 of the Voluntary Health Insurance (Amendment) Act of
1998 (the "1998 Act") empowers the VHI to act 'as agent for an
insurer in respect of the provision of insurance cover pursuant to
Legal Issues
The derogation:
As mentioned above, Article 4 of the First Non-life Insurance
Directive specifically provides that the derogation granted to the
VHI is subject to the VHI's capacity remaining unchanged from the
date the derogation was granted.
During the course of the Commission's investigation and
subsequent ECJ case, the fact that the VHI's capacity had
changed was never denied by Ireland. Ireland argued, however,
that any changes that occurred were immaterial for the following
reasons: first, any new activities introduced by the amending
legislation were related to the VHI's original basic activity (that is,
the provision of voluntary health insurance) and second, these new
activities accounted for an insignificant percentage of the VHI's
total revenues (just 1.3% in 2009).
In response to this argument, the Commission maintained that the
precise nature of the change to the VHI's capacity was irrelevant.
Instead, any change to the VHI's capacity as at the time the
derogation was granted, whether deemed by Ireland to be material
or immaterial, would be contrary to the terms of the VHI's
derogation which should therefore be dis-applied.
National measures to attempt to comply with EU non-life
insurance directives:
Ireland argued that proposed changes to national legislation
(under the Voluntary Health Insurance (Amendment) Act 2008)
would have the desired affect of ensuring compliance with the EU
non-life insurance directives. It was also submitted that an
application had been made to the Central Bank in June of 2008
seeking authorisation of the VHI under the European Communities
http://www.dilloneustace.com/download/1/Pu
blications/Corporate/Corporate%20Bulletin
%20January%202016.pdf
JointGuidelinesunderArticle17and18(4)ofDirective
(EU)2015/849onsimplifiedandenhancedcustomerdue
diligenceandthefactorscreditand financial
institutions should consider when assessing the
money laundering and terrorist financing risk
associated with individual business relationships
and occasional transactions
http://www.eba.europa.eu/documents/10180/
1240374/JC+2015+061+
%28Joint+Draft+Guidelines+on+AML_CFT+R
FWG+Art+17+and+18%29.pdf
Market Abuse A New Regime for Investment
Funds
http://www.dilloneustace.com/download/1/Pu
blications/Financial%20Services/Market
%20Abuse%20A%20New%20Regime%20for
%20Investment%20Funds.pdf
Whats Next for Post-Brexit Fund Management ?
http://www.dilloneustace.com/download/1/Pu
blications/Financial%20Services/Whats
%20Next%20for%20Post-Brexit%20Fund
%20Management.pdf
ICLG The International Comparative Legal
Guide to- Alternative Investment Funds 2016
4th Edition A practical cross-border insight
into Alternative Investment Funds work
http://www.dilloneustace.com/download/1/Pu
blications/Financial%20Services/International
%20Comparative%20Legal%20Guide%20to
%20Alternative%20Investment%20Funds
%202016-%20Ireland%20Chapter
%20contributed%20by%20Dillon
%20Eustace.pdf
Central Bank UCITS (Amendment)
Regulations 2016
http://www.dilloneustace.com/download/1/Pu
blications/Financial%20Services/Central
%20Bank%20UCITS%20(Amendment)
%20Regulations%202016.pdf
Brexit an Irish Perspective
http://www.dilloneustace.com/download/1/Pu
blications/Financial%20Services/Brexit%20%20an%20Irish%20perspective.pdf
ESMA AIFMD Passport for Non-EU AIFMs and AIFs
http://www.dilloneustace.com/download/1/Pu
blications/Financial%20Services/ESMA
%20AIFMD%20Passport%20for%20Non-EU
%20AIFMs%20and%20AIFs.pdf
European Commission v Ireland on ... in
Case C-82/10. The Irish Government now
wishes ... European Court of Justice. The Irish
http://health.gov.ie/wpcontent/uploads/2014/04/Response_to_EU_Co
mmission_9Dec2011.pdf
BEGIN_WEBPARTZONE_WebPartZone3
END_WEBPARTZONE_WebPartZone3
BEGIN_WEBPARTZONE_WebPartZone4
END_WEBPARTZONE_WebPartZone4
BEGIN_WEBPARTZONE_WebPartZone5
END_WEBPARTZONE_WebPartZone5
Overview
Ireland, also called the Republic of Ireland, has a
population of just over 4.6 million. The country
comprises 26 of the 32 counties that constitute the
island on which it is located. The remaining six
counties in North-East Ulster are part of the United
Kingdom of Great Britain and Northern Ireland.
The Republic of Ireland was founded through the
conclusion of the Anglo-Irish Treaty in 1921. The
Constitution of 1937 and the Republic of Ireland Act
1948 severed Irelands last formal links with the UK.
Ireland remained neutral during the Second World War
and does not belong to any military alliance. Ireland
became a member of the United Nations (UN) in 1955
and joined what is now the European Union (EU) in
1973.
Irelands international engagement was given new
impetus when it chaired the Organization for Security
and Co-operation in Europe (OSCE) in 2012, held the
rotating EU Presidency from January to June 2013, and
was elected to the UN Human Rights Council (20132015).
Political overview
System of Government
Ireland is a republic, with a system of parliamentary
democracy. The National Parliament (Oireachtas)
consists of the President and two houses: the Dil
ireann (the House of Representatives) and the
Seanad ireann (the Senate).
Major parties
Irelands two main political parties, Fianna Fil and
EU/European issues
Economic overview
The Irish economy (and its property sector in
particular) was hard hit by the global financial crisis
and in 2010 the Irish Government negotiated a
financial stabilisation package with the EU and the
International Monetary Fund. The agreement required
robust action by the Government to reduce the large
budget deficit through implementation of austerity
measures and financial and structural reforms. Ireland
exited the stabilisation package at the end of 2013.
Today, the economy is growing strongly. Ireland was
the fastest growing economy in the EU for the second
consecutive year in 2015 (with 7.8 per cent GDP
growth) and forecast growth for 2016 is 5.0 per cent.
The Governments commitment to a low corporate tax
rate, the Euros depreciation against Irelands main
trading partner currencies, and increased inbound
tourism have contributed to the recovery.
Bilateral relationship
Australia has maintained an embassy in Dublin since
1946.
Australia and Ireland have a number of bilateral
agreements covering areas such as taxation, social
security, extradition, medical treatment for travellers
and working holidays for young people. Australia and
Ireland signed a bilateral social security agreement in
2005 to give improved social security protection to
people who have lived and/or worked in both Australia
and Ireland.
People-to-people links
http://dfat.gov.au/geo/ireland/Pages/irelandcountry-brief.aspx
Ireland
Economic and trade information
http://dfat.gov.au/trade/resources/Documents
/ire.pdf
Joint Declaration of the Macroeconomic Policy Authorities of Trans-
The following international agreements have been signed but not yet
ratified by Ireland, as of 1 February 2016.
Multilateral Treaties deposited with the Secretary General of the United
Nations
https://www.dfa.ie/media/dfa/alldfawebsiteme
dia/ourrolesandpolicies/internationallaw/listof-agreements-signed-not-ratified.pdf
EU Best Practices for the effective
implementation of restrictive measures
(updated 2015).
http://data.consilium.europa.eu/doc/documen
t/ST-7383-2015-REV-1/en/pdf
CETA : An Effective and Progressive Deal for Belgium and Europe
Brussels, 20 September 2016
http://trade.ec.europa.eu/doclib/docs/2016/se
ptember/tradoc_154956.pdf
Investment provisions
in the EU-Canada free trade agreement
(CETA)
http://trade.ec.europa.eu/doclib/docs/2013/no
vember/tradoc_151918.pdf
EU-Canada Comprehensive
Economic and Trade
Agreement
http://www.europarl.europa.eu/RegData/etud
es/BRIE/2016/573929/EPRS_BRI(2016)573929
_EN.pdf
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL
Towards a robust trade policy for the EU in the interest of jobs and growth
https://ec.europa.eu/transparency/regdoc/rep
/1/2016/EN/1-2016-690-EN-F1-1.PDF
The Comprehensive Economic Trade Agreement
(CETA) is a free trade agreement currently being finalised
between the EU and Canada. This agreement vies to reduce
non-tariff barriers between the two nations, attempting to
harmonise standards and regulations across numerous
industries. This bi-lateral free trade agreement has been
negotiated in secret since 2009 with negotiations ceasing
during a ceremony in Ottawa in September 2014.
The negotiation process has been met with much vocal
criticism from multiple NGOs and Civil Society Organisations
from both sides of the Atlantic. This is due to one the most
controversial aspects of the agreement, a private court
mechanism called Investor State Dispute Settlement (ISDS)
whereby its inclusion could inevitably unleash a wave of
multiple corporate lawsuits against Canada, the EU and its
member states. The ISDS mechanism gives foreign
corporations the ability to directly sue a national sovereign
state at private international tribunals for compensation over
a potential loss of profits.
Previously, this mechanism has been enacted and utilised by
big businesses in industries such as: health, environmental,
financial and other domestic safeguards that they believe
undermine companys rights. These investor-state lawsuits
are decided by private commercial arbitrators who are paid
for each case they hear with a clear tendency to interpret the
law in favour of investors.
This free trade agreement is one of many being negotiated
around the world, in addition to others, such as;
Transatlantic Trade and Investment Partnership (TTIP),
Transpacific Trade Partnership (TPP) and Trade In Services
Agreement (TISA).
These free trade agreement offer the possibility of enhancing
the rights and opportunities of multinational corporations to
dictate and set the agenda in regards to trade, even though
the EU is already willing to allow these corporations to have
special treatment in a formal court setting.
TTIP, the free trade agreement between the US and EU has
been met with criticism and has garnered great attention
with nearly four million people signing a petition to halt talks
on the agreement. Oppositely, many people are unaware of
the dark horse that is CETA and consequences this agreement
can impose. For example, the potential success of CETA will
also allow for US multinational corporations to use this
agreement as a backdoor into ISDS cases, arguing their
corporate rights. In a public consultation held in Europe,
leaders more than two years ago. EU trade ministers are set
to meet in Luxemborg for a special council meeting on CETA.
The deal was then expected to be ratified at an EU-Canada
summit in Brussels on October 27th, attended by Canadian
Prime Minister Justin Trudeau.
Earlier this month, Independent Senator Alice Mary Higgins
had a motion passed in the Seanad after Fianna Fil abstained
from the vote. Although, other senators from Sinn Fin and
Labour voted in favour of the motion. Ireland signed off on
the provisional application of the agreement last
week, after Minister for Jobs, Enterprise and Innovation Mary
Mitchell OConnor brought at memo to the cabinet.
The European Commission, has consistently backed CETA
stating that it will remove more than 99 per cent of tariffs
currently imposed on trade between the EU and Canada, and
will lead to better business opportunities for EU firms in
Canada.
Civil society organisations that are opposed to the deal say it
will lead to a fall in the quality and regulations associated
with European food and environmental standards, while also
creating a mechanism for multinational companies to sue
nation states for a potential loss of profits.
The Wallonian rejection of ratification and over a 190,00
plaintiffs lodging an emergency petition in German
constitutional court, which is set to frustrate Canada. The
court gave a green light but set out a number of conditions
including the right of Germany to opt out of the agreement.
Its crazy. If we allow a regional parliament to block a trade
deal that will benefit the whole EU, where does this lead us
to? said Christoph Leitl, president of the Global Chamber
Platform, a worldwide alliance of business chambers. CETA
is not just a deal with Canada, it has model character for
Europes future trade relations.
Free trade talks are ongoing between numerous trading blocs
and with Britains recent exit from Europe, trade talks are
unlikely to cease soon. The ease with which CETA was vetoed
by 68 junior Belgian legislators also sends an ominous signal
acuerdo-de-las-transnacionales-contra-los-movimientossociales
[11] Witoon Lianchamroon, personal communication, 21 June
2016.
[12] KMP, Farmers October Protests to highlight broad
peoples opposition to global land grabbing and plunder,
Quezon City, 7 October 2015,
http://kilusangmagbubukidngpilipinas.com/?p=1004
[13] The Pacific Alliance is a trade bloc composed of Chile,
Colombia, Mexico and Peru, with Costa Rica and Panama in the
process of becoming members. Argentina is the latest official
observer.
[14] See: GRAIN, New leaked chapter of Asia trade deal shows
RCEP will undercut farmers control over seeds, 24 May 2016,
https://www.grain.org/e/5498.
[15] Korea is not a member of TPP but is a member of UPOV
1991. The government does aspire to join TPP.
[16] These datasets are a work in progress. If there are any
additions or corrections you would like to share, please contact
us at grain@grain.org.
international trade agreement. ... signed next week. BelgiumCanada Ceta trade ... blocking an EU trade deal. The
Comprehensive Economic
https://www.youtube.co
m/watch?
v=DPzzgE34YQY
Brussels briefing:
Transatlantic trade deal is
'priority' for the United
States
Sarah Collins
PUBLISHED
27/07/2016
1
Sinn Fein MEP Matt Carthy
http://www.independent.ie/business/farming/
brussels-briefing-transatlantic-trade-deal-ispriority-for-the-united-states-34911025.html
debatetakenplaceatDillevel. FineGaelsEPPgrouphaveblocked
proposalsforreportsfromEuropeanParliamentcommitteesincludingthe
Agriculture&Ruraldevelopmentcommittee.
TheEUinstitutionsneedtorecognisethatthereisnopopularsupport
amongcitizensfortradedealslikeCETA.Thereisarequirementfora
serious rethink of the EUs trade policy agenda. This agreement, a
precursorfortheTTIP,waspresentedtothepeopleunderthesameold
pretencesofwhatsgoodfortradeisgoodforjobs.Howeverastrong
campaign by civil societies, trade unions, farming organisations, left
wing and progressive political parties has ensured that the real issues
havecometotheforefront.
AsanMEPrepresentingaruralconstituencythatcouldstandtoloseour
massivelyfromthistypeofdeal,Isendmysolidaritytoparliamentarians
inWallonia.IwillcontinuetopushforaproperdebateinIrelandsothat
theIrishpeopleareofferedarealdiscussionontheconsequences.
CETA,andtheEUswiderregressivetradeagenda,mustbeallowedto
restinPeace.TheEuropeaninstitutionsandtheircheerleader
governmentsmustrecognisethattheirtradeagendahasfailedall
democraticitsfirstdemocratictest.Itstimeforanew,progressive,
citizencentredtradepolicytobeadopted.