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The Federal President refuses to sign for the moment under the state treaty with Canada. On Alexander Van der Bellen's desk, CETA's controversial pact on free trade concludes its final stage before ratification. With this, Austria accepts the full entry into force of the contract. But that's what VdB wants to delay now.
He is waiting for the decision of the European Court of Justice (CJEU) to find out if the international arbitration tribunals provided for in CETA are in compliance with EU law
as it befits my task as head of state, carefully and conscientiously tested. The result of this test was positive with a reservation. Doubts exist as to the conformity of arbitral tribunals with EU law. If the ECJ decides that CETA is compatible with EU law, I will immediately sign the state treaty. "
If the ECJ decides negatively, it means that the ratification stages of all member states are zero and renegotiate the agreement must be." I did not make that decision easily. On the one hand, the decisions of the National Council and the Bundesrat must be respected, on the other hand, the review and subsequent decision of the ECJ must be respected. "19659005] He should not sign CETA: The leader of the Greens admonishes his predecessor VdB
the act in the Hofburg before Alexander Van der Bellen announced his decision not to sign yet. Meanwhile, he welcomed calls from opponents of CETA, including Van der Bellens' successor at the head of the Greens: De Werner Kogler came this week by video message the biggest pressure on the leader of the State, as long as the Court of Justice has not ruled on the special courts in question A first report is expected at the end of October
Vice-Chancellor Strache welcomes the decision of Van Bellens [19659007] Vice-Chancellor and President of the FPÖ Heinz Christian Strache on Wednesday afternoon the decision of President Alexander Van der Bellen to sign the ECJ The Minister of Economic Affairs of the ÖVP would have respected the decision of the Federal President. [19659008] "The President's decision f to not ratify CETA and wait for the decision of the ECJ, I find all my support, especially since there is no lag because the legislative field will not come into effect until all countries have ratified, "said Strache in a written statement to the APA
The review process of the ECJ will provide legal certainty as to the definitive discontinuation of private arbitration. only give in the fall, Strache explained. "It is in the interest of Austria that a correct and reasonable approach from the Federal President deserves to be recognized," said Strache
Ministry of Economic Affairs: a decision must be respected
"The decision of the Federal President to await the proceedings opened in the European Court, of course, to respect," said the Ministry of Economic Affairs of the ÖVP to the & # 39; APA. "After the CETA approval by former Chancellor Christian Kern at the European level on October 28, 2016 and the provisional entry into force of the European part on September 21, 2017 , the examination of the presidential Chancellery revealed that the contents of the free trade agreement The verdict was approved by the Minister of Economy Margarete Schramböck
Constitutional Lawyer: the Federal President may postpone ratification
For the Council Alexander van der Bellen's Constitutional Chairman, Ludwig Adamovich, has no constitutional objection to the Federal President to postpone the ratification of CETA until the end of the year. of the European Court of Justice (ECJ) requested by Belgium.
In this particular case, it is not the case of the Federal President he wishes to refuse to ratify, but rather wait for the opinion of the ECJ requested by Belgium and ratify the agreement s' 39. it gives a positive opinion, underlines the former president of the Constitutional Court (VfGH) in his report on the postponement of ratification issued by the Presidential Chancellery
In case of a positive verdict, he will ratify it
According to Adamovich, the federal president, on the basis of a decision of the federal government of May 16, 2018, has the choice between ratification and refusal. "However, the President wants to wait for the opinion of the European Court of Justice and in case of a positive judgment he will ratify it and in case of a negative opinion the contract will have to be renegotiated."
Belgium therefore asked the CJEU for an answer Question asked: "The Comprehensive Economic and Trade Agreement between Canada, on the one hand, and the European Union and its Member States, signed in Brussels on October 30, 2016, in Chapter 8 ("Investments"), Section F ("Investor-State Dispute Settlement") consistent with treaties, including fundamental rights? "
The general binding notice in the EU
The ECJ is of crucial importance: "If the opinion of the Court is unfavorable, the proposed agreement can not enter into force. in force if they or the contracts are modified ". The report therefore works not only between the parties to the dispute, but it also has a general binding effect on the whole European Union.
Thus, the postponement of the ratification by the federal president would not raise any constitutional concerns and there would be no contradiction with the position of the constitutionalist Theo Öhlinger who considers that it is possible that the & ling ling [[[[[[[[[[[[[[actofratificationofstatetreatiesisnotconsideredotherwiseasthetaskincumbentontheFederalPresidenttocertifytheconstitutionalconclusionofafederallaw
"If the problem is seen in this manner, then it is not at the discretion of the federal president to ratify or not to ratify, and it does not have the discretion to certify the constitutional formation of a federal law, "says Adamovich. But Öhlinger himself admits that there could be cases that justify the refusal of the federal president to ratify, as for important reasons of foreign policy.
"For historical reasons, there is no doubt that all the problems are extremely delicate, and the proposed solution avoids such an argument," says Adamovich.
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