This critical analysis of the AG’s Opinion will quickly recall the background and implications of the case before commenting on the most controversial points of the AG’s reasoning.
Today, the 6th of February 2019, the Romanian town of Roşia Montană celebrates its 1888th year of existence. Over the past 20 years, residents have fought against a proposed multi-billion dollar mining project.
The EU-Canada free trade deal’s provisions on investor protection are in line with EU law, a senior court adviser said in a recommendation to the European Court of Justice.
If the European Court of Justice applied in Opinion 1/17 the same test it used in Achmea, it would probably conclude that the CETA tribunal is not compatible with EU law.