The Constitutional Council validated the Comprehensive Economic and Trade Agreement (“CETA”) ruling it compatible with the French Constitution.
The CETA provides for a new judiciary mechanism for dispute resolution in order to increase investor protection: the Investment Court System. This public system will rely on a permanent tribunal. This Tribunal will consist of three judges (one from the European Union, one from Canada and a president from a third country randomly selected from a pre-determined list). It will have jurisdiction in cases pertaining to violation of investment protection norms. A system of recourse against the decision of this tribunal will also be put in place, mirroring the appellate courts in domestic litigation.