Parliament requests CJEU opinion on Treaty compatibility of EU‑Mercosur agreements

EP Position

The Parliament seeks an opinion from the Court of Justice on whether the proposed Partnership Agreement and Interim Trade Agreement with Mercosur comply with the Treaties, stating that splitting the deal may be incompatible with Article 218 TFEU and could undermine the principle of conferral, institutional balance and national parliaments’ role. It also raises concerns about democratic accountability and the process followed.

Key Trade Point

The resolution highlights a new rebalancing mechanism in the ITA that could allow compensation for economic impacts of non‑violative measures and fears this could be used to challenge EU climate, environmental, food safety and pesticide measures; it further warns that ITA provisions weaken sanitary and phytosanitary controls and may constrain the EU precautionary principle.

What Comes Next

Parliament instructs its President to rapidly request the CJEU opinion and to forward the resolution to the Council and Commission.

Sources

Official Documents

  • Wednesday, 21 January 2026 - Strasbourg
    Parliament adopted a resolution to seek the Court of Justice’s opinion on the compatibility of EU‑Mercosur EMPA and ITA with EU treaties and to obtain that opinion.

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