Wednesday, October 12, 2016

Justice: Gabriel defends trade agreement Ceta before the Federal constitutional court – THE WORLD

updated: 13:49 PM | Reading time: 3 minutes

German Federal constitutional court in Karlsruhe

German Federal constitutional court in Karlsruhe

source: dpa/AFP/archive

plaintiffs want the consent of the government next week with Eilklage

Bundeswirtschaftsminister Sigmar Gabriel (SPD) has defended the planned European-canadian trade agreement Ceta before the Federal constitutional court. In contrast to the assertions of the plaintiff, the Bundestag had been constantly concerned with the contract design and Ceta, to the extent that even democratically legitimized, said Gabriel during the hearing on Wednesday in Karlsruhe.

The constitutional guardian is not decide yet, whether or not the agreement give the basic law. The Eilklagen of around 200,000 citizens, and the left group in the Bundestag, that Karlsruhe is applying to the German representatives in the EU Council of Ministers to vote on the provisional application of the agreement this coming Tuesday with “no”.

The constitutional guardian must weights, therefore, in a so-called weighing of Consequences, the disadvantages that would occur, if the provisional application would not be stopped from Ceta, the claims have later in the proceedings on the merits of success. Or, conversely, what are the disadvantages of it, if the Ceta would have stopped the process now, the real action, however, proves later to be unsuccessful. The court wants to announce, due to the urgency of his decision on Thursday.

The plaintiffs feared that, with the agreement of the European Standards such as for environmental or social protection in favor of trade could be further reduced. In addition, the agreement came without sufficient parliamentary back-bonding of the Federal tags.

The future decisions of the Ceta steering Committee, the Joint Committee, to the interpretation and development of the Treaty were binding – this Committee is not elected members but only representatives of the EU and Canada, were, however, the plaintiffs complain about. Furthermore, the planned investment courts for the settlement of disputes between companies and States would limit the political freedom of the Bundestag, if such penalties in the billions had to be done.

Gabriel dismissed these allegations: Ceta will be closed as a so-called mixed agreement by the EU and its member States with Canada. The EU could not decide alone on the future development of the Treaty. Rather, the member States are involved in the agreement as full-fledged parties to the contract. In addition, the Bundestag had discussed no other subject so frequently, and most recently, on 22. September, “no fundamental objections,” Gabriel said.

The Minister of Economics, warned, moreover, against the political consequences if the agreement would be stopped by a temporary remission from Karlsruhe on a provisional basis. Ceta would be doomed to a total Failure, and actors other than the EU would set the rules of world trade, he said.

Franz Mayer, legal representative of the Federal government, pointed out that the EU and Canada time negotiated to hearing about a more “common interpretative Declaration” to the agreement. In a previous supplementary statement had already been made clear that the rules about the work and the protection of the environment or the General interest remain within the competence of the member States and the EU can expand their skills.

Ceta to facilitate the economic relations between the EU States and Canada, and about customs duties and other trade barriers. The EU Commission had given an assurance at the end of September, to extend the contract by a supplemental agreement. 18. October to accept the EU-member States the Text of a Ministerial meeting. Ceta, then to 27 on. October be signed at the EU-Canada summit.


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