Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

It is the Commission's contention that the chapter of CETA on investment fully guarantees the protection of public interest measures from challenges by investors. One of the concerns raised in that case was whether CETA was compatible with the principle of equality before the law under Article 20 of the Charter of Fundamental Rights of the European Union and the principle of non-discrimination on the grounds of nationality. In this regard the CJEU reiterated its previous ruling that treaties concluded by the European Union must be compatible with fundamental rights, including those found in the charter. The CJEU also held that the CETA tribunal would have no jurisdiction to interpret or apply rules of European Union law other than the provisions of CETA itself. Furthermore, the tribunal may not challenge choices democratically made within Canada or the European Union regarding the level of protection afforded to public order, public safety, public morals or the health and life of humans and animals, the preservation of food safety, the protection of plants and the environment, welfare at work, product safety, consumer protection or any equally fundamental rights. Those are the facts with regard to CETA and the permanent investment court, which now consists of ten judges. This difference from the original agreement has not been acknowledged in the contributions thus far. The CETA tribunal has no jurisdiction to declare incompatible with the agreement the level of protection of a public interest established by European Union measures. That should lay to rest any of the assertions made in this regard. There remains the issue of our economy. How is the Irish economy to develop into the future if we do not have export opportunities and if we do not conclude agreements with other countries?

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