Germany: conditional consent to signing CETA

Abstract:

A legal challenge to the signing of the EU-Canada free trade deal (CETA) which had been backed up by the signatures of 200,000 German citizens was submitted the Constitutional Court in Karlsruhe as part of an accelerated procedure. The court rejected the motion on 13 October 2016 but did, however, attach certain conditions.

The German minister for the economy will be allowed to sign CETA only on the assumption that Germany will be able to withdraw from the deal at a later date should the court determine in further proceedings that CETA is contrary to the German constitution. Furthermore, Germany has the right to accept only those CETA conditions which negotiating is unequivocally within the EU’s competences. Thus CETA cannot undermine the competences of the national state, especially in the areas of the judiciary system, investment protection, labour law, regulations concerning intellectual property rights and maritime traffic.

• Primary Source

ESO: Background information: National Courts and EU Trade Policy Powers: the EU/Canada trade deal and the German Constitutional Court http://www.europeansources.info/record/national-courts-and-eu-trade-policy-powers-the-eu-canada-trade-deal-and-the-german-constitutional-court/

ESO: Background information: The revenge of the countryside http://www.europeansources.info/record/the-revenge-of-the-countryside/

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