The independence and impartiality of the hybrid CETA Investment Court System: Reflections in the aftermath of Opinion 1/17

Abstract

In its recent Opinion 1/17, the Court of Justice of the EU (CJEU) examined the compatibility of an external judicial body, the Investment Court System (ICS) under the EU–Canada Comprehensive and Economic Trade Agreement (CETA), with EU law. At a time when judicial independence has arisen as one of the main challenges for the rule of law in the EU, this article discusses the Court’s findings in relation to the compatibility of the ICS with the right of access to an independent and impartial tribunal.

Keywords

• Opinion 1/17
• judicial independence
• ICS
• CETA
• Investment Court System
• Multilateral Investment Court System