Mercosur: new headache for von der Leyen as EU Court of Justice asked to verify compatibility

Brussels – A new chapter in the “Mercosur saga:” there is now a request to halt the free trade agreement between the European Union and the South American countries (Argentina, Brazil, Paraguay, and Uruguay) to verify its legal compatibility with the EU treaties. With a proposed motion for resolution, 145 MEPs from different parties are calling for a referral to the EU Court of Justice, so that the judges in Luxembourg can give their opinion on the European Commission’s actions. 

What is worrying is that the splitting of the EU-Mercosur agreement into an EU-Mercosur Partnership Agreement (EMPA) and an Interim Trade Agreement (ITA) could be “incompatible” with Article 218 of the Treaty on the Functioning of the European Union. There is also concern that the rebalancing mechanism provided for in the EU-Mercosur agreement may “at least be incompatible” with Articles 11, 168, 169, and 191 of the same treaty. 

Hence, the request under Article 117 of the Rules of Procedure of the European Parliament to involve the EU Court of Justice. MEPs make use of the instrument whereby “at any time before Parliament votes on a request for consent or opinion, the committee responsible or at least one-tenth of Parliament’s component Members may propose that Parliament seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties.”

https://www.eunews.it/en/2024/12/06/eu-mercosur-agreement-inflames-tempers-red-card-for-farmers-and-climate-activists-strong-concerns-even-in-eu-parliament/

This is a significant element of the political action initiated by the Greens and the Left, and supported by members from across the political spectrum. The 145 signatories of the motion belong to the Populars (EPP), Socialist (S&D), and Liberal (RE) groups. It is not a vote of censure against Mercosur, but a check on compatibility with the treaties. 

The Chamber could vote on the motion as early as the plenary session at the end of the month (24-27 November), in a vote that could be even riskier for the European Commission and its president, Ursula von der Leyen, than the votes of no-confidence related to the same trade agreement, which in the end, were easily overcome: if the Chamber were to ask the EU Court of Justice for the relevant checks, Mercosur would be effectively blocked and suspended until the judges pronouncement. 

Whatever the outcome for von der Leyen, the political reality is that she faces a new crossfire over a trade agreement she considers strategic, and even within her own party, the EPP, there are doubts. Meanwhile, Cristina Guarda, Green MEP and signatory of the motion, rejoices: “The motion required 72 signatures, we collected many more,” she said. Not only that: “The signatories are MEPs from 21 different nationalities,” she emphasised, underlining how concerns about the EU-Mercosur agreement are widespread. “We are aiming for a vote in plenary on 24 November.“