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

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          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.

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          Author and article information

          Journal
          EWLR
          Europe and the World: A law review
          UCL Press
          2399-2875
          08 September 2020
          : 4
          : 1
          Affiliations
          PhD Researcher, European University Institute, Florence, Italy
          Author notes
          Article
          EWLR-4-8
          10.14324/111.444.ewlj.2020.26
          © 2020, Maria Fanou.

          This is an open access article distributed under the terms of the Creative Commons Attribution Licence (CC BY) 4.0 https://creativecommons.org/licenses/by/4.0/, which permits unrestricted use, distribution and reproduction in any medium, provided the original author and source are credited • DOI: https://doi.org/10.14324/111.444.ewlj.2020.26.

          Page count
          Pages: 17
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          Article
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          M. Fanou, ‘The independence and impartiality of the hybrid CETA Investment Court System: Reflections in the aftermath of Opinion 1/17’ [2020] 4( 1): 8. Europe and the World: A law review [17]. DOI: http://doi.org/10.14324/111.444.ewlj.2020.26.

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