EU–Mercosur under the scrutiny of judges

The European Parliament has decided to ask the Court of Justice of the EU for a legal assessment of the agreement between the EU and Mercosur countries. This is not about approving or rejecting the agreement itself, but about whether its legal structure is in line with EU treaties and decision-making rules.

The main concerns relate to the division of the agreement into two parts – political and trade. According to MEPs, this approach could circumvent standard decision-making processes, weaken the role of national parliaments and undermine the institutional balance between EU institutions. The Parliament also points out that such an approach could change the voting rules in the Council of the EU.

Further reservations concern the so-called rebalancing mechanism and the protection of public interests. MEPs fear that the agreement could weaken the EU's precautionary approach in the areas of health, environmental and consumer protection. Another point of contention is that compliance with these principles could be decided by an arbitration panel outside the EU judicial system.

Parliament has therefore formally asked the Court of Justice of the EU to assess both the content of the agreement and the procedure for its conclusion. Parliament will continue to assess the agreement until the legal opinion is issued, but no final political decision on its approval will be taken for the time being.