Opinion 2/15 (EU–Singapore Free Trade Agreement)

Abstract

Treaties — Capacity to conclude — Free trade agreements — “New generation” free trade agreements — Free Trade Agreement between European Union and Singapore (“EUSFTA”) — Competence to conclude agreement — Allocation of competences between European Union and Member States — Treaty on the Functioning of the European Union, 2007 (“TFEU”), Article 3(1)(e) — Express exclusive competence of European Union in field of European Union common commercial policy — Whether commitments under EUSFTA falling within scope of European Union common commercial policy — Provisions falling within exclusive competence of European Union — Provisions falling within shared competence of European Union and Member States — Provisions concerning non-direct foreign investment — Provisions concerning investor–State dispute settlement mechanism — Whether European Union having exclusive competence to sign and conclude EUSFTAEconomics, trade and finance — Free trade agreements — International investment — “New generation” free trade agreements — EUSFTA — Competence to conclude agreement — Provisions concerning non-direct foreign investment — Provisions concerning investor–State dispute settlement mechanism — Whether falling within shared competence of European Union and Member States — Whether European Union having exclusive competence to sign and conclude EUSFTAInternational organizations — European Union — EUSFTA — Competence to conclude agreement — Provisions concerning non-direct foreign investment — Provisions concerning investor–State dispute settlement mechanism — Whether falling within shared competence of European Union and Member States — Whether European Union having exclusive competence to sign and conclude EUSFTA — The law of the European Union