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TTIP trade talks: German judges oppose new investor courts | TTIP trade talks: German judges oppose new investor courts |
(35 minutes later) | |
German judges have objected to a new court system for investors to sue governments, which would be set up as part of an EU-US trade deal. | |
The German Association of Judges (DRB) said there was "neither a legal basis nor an actual need for such a court". | The German Association of Judges (DRB) said there was "neither a legal basis nor an actual need for such a court". |
The European Commission proposed the Investment Court System (ICS), to tackle one of the thorniest issues in the trade negotiations, known as TTIP. | The European Commission proposed the Investment Court System (ICS), to tackle one of the thorniest issues in the trade negotiations, known as TTIP. |
There are fears that big firms could put excessive legal pressure on states. | There are fears that big firms could put excessive legal pressure on states. |
The Commission abandoned the idea of using existing arbitration courts, called Investor-State Dispute Settlement (ISDS), because of the accusation that powerful multinationals use them to force changes in public policy. | The Commission abandoned the idea of using existing arbitration courts, called Investor-State Dispute Settlement (ISDS), because of the accusation that powerful multinationals use them to force changes in public policy. |
There is particular concern about the "chilling" effect that lawsuits can have on governments trying to legislate on public health or the environment. | There is particular concern about the "chilling" effect that lawsuits can have on governments trying to legislate on public health or the environment. |
Critics point to the example of tobacco giant Philip Morris, which sued the authorities in Australia and Uruguay over plain cigarette packaging. | Critics point to the example of tobacco giant Philip Morris, which sued the authorities in Australia and Uruguay over plain cigarette packaging. |
Why the TTIP deal matters | Why the TTIP deal matters |
Germany's DRB - representing 16,000 judges and prosecutors - said (in German) that "creating special courts for certain groups of litigants" would be a mistake. | Germany's DRB - representing 16,000 judges and prosecutors - said (in German) that "creating special courts for certain groups of litigants" would be a mistake. |
The proposed ICS would limit the legal powers of EU member states and change national court systems, the DRB statement said. | The proposed ICS would limit the legal powers of EU member states and change national court systems, the DRB statement said. |
Summer deadline | Summer deadline |
The Commission's proposal would mean ICS jurisdiction that "extends from civil law through to general administrative law and social and tax legislation", the judges complained. | The Commission's proposal would mean ICS jurisdiction that "extends from civil law through to general administrative law and social and tax legislation", the judges complained. |
They also questioned the legal criteria for appointing judges to the ICS courts, saying specialists in trade disputes would have an unfair advantage. | They also questioned the legal criteria for appointing judges to the ICS courts, saying specialists in trade disputes would have an unfair advantage. |
TTIP stands for Transatlantic Trade and Investment Partnership. The Commission hopes to complete the wide-ranging talks by the summer, to avoid the disruption of the US presidential election. | TTIP stands for Transatlantic Trade and Investment Partnership. The Commission hopes to complete the wide-ranging talks by the summer, to avoid the disruption of the US presidential election. |
The thorny issue of trade arbitration will be on the agenda of EU-US talks later this month. | The thorny issue of trade arbitration will be on the agenda of EU-US talks later this month. |
Nearly 3.3 million people have signed an online petition against the proposed trade deal, on the Stop TTIP website. | Nearly 3.3 million people have signed an online petition against the proposed trade deal, on the Stop TTIP website. |
The Commission and many politicians argue that TTIP would bring major benefits for the US and Europe, creating new jobs and business opportunities. | The Commission and many politicians argue that TTIP would bring major benefits for the US and Europe, creating new jobs and business opportunities. |
A study by the Centre for Economic Policy Research (CEPR) estimated the potential gains for the EU as up to €119bn (£84bn; $128bn) a year and €95bn for the US. | A study by the Centre for Economic Policy Research (CEPR) estimated the potential gains for the EU as up to €119bn (£84bn; $128bn) a year and €95bn for the US. |