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EAJ-report-TIPP-Court-october

EAJ-report-TIPP-Court-october

Association Européenne des Magistrats Groupe régional de l'Union Internationale des magistrats European Association of Judges Regional Group of the International Association of Judges Paris, November 9 th , 2015 STATEMENT FROM THE EUROPEAN ASSOCIATION OF JUDGES (EAJ) ON THE PROPOSAL FROM THE EUROPEAN COMMISSION ON A NEW INVESTMENT COURT SYSTEM. The proposal of “new Investment Court System”, as announced by the European Commission on September 16 th 2015 is regarded by the European Association of Judges (EAJ) with serious reservations. The EAJ asks the European Parliament and the Council to scrutinize the proposal very carefully questions weather European Union really needs a completely new Court system to deal with the rights of investors and if so weather the prosed “new, modernised system of investment courts” (Commissioner Malmström) really is the best system we can get. Following Section 3 of the Transatlantic Trade and Investment Partnership (TIPP) on the “Resolution of Investment Disputes and Investment Court System (short:”ICS)” of the Commission draft text from 16.09.2015 (tradoc_153807), the European Commission tries to introduce an elaborate system of amicable dispute resolutions for claims of an investor against a party (e.g. member state of the treaty) for alleged breach of investor’s rights. These include all kinds of assets like shares, stocks and other forms of equity, participation in an enterprise, intellectual property rights, movable property or claims to money (section 3, definitions x2), owned or controlled by the by investors of one Party in the territory of the other Party (section 3, definitions x1). The protection of the investor is therefore covered by a wide range of private, criminal, administrative and tax law of the other party. The ICS should get competence in all these areas of national law of the parties. All member states of the European Union are, by definition and in reality, democratic states under the Rule of Law with well-functioning judiciaries that has competence according to national law. 1

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