ISDS in TTIP remains toxic: the European Commission presents its report on the nearly 150.000 received replies


The European Commission published the long anticipated report on the public consultation on investment and ISDS in TTIP on 13 January 2015. The report presents an analysis of the almost 150.000 submissions received to its public consultation.

Trade Commissioner Malmström said during a press conference that the public consultation sends a clear signal of scepticism concerning the ISDS mechanism. 97% of the replies are opposed to the inclusion of ISDS in TTIP or are generally against TTIP. The European Commission continues to claim that the public consultation is not a referendum. Regrettably, it does not draw the logical conclusion of dropping the flawed ISDS mechanism. Instead it identifies four areas to explore for possible improvements:

-          The right to regulate

-          The supervision and functioning of ISDS tribunals

-          The relationship between ISDS and domestic courts

-          The review of ISDS decision for legal correctness via an appellate mechanism

The European Commission says it will consult the result of the public consultation with the EU Member States, the European Parliament and stakeholders and during this spring it intends to present further policy recommendations on ISDS in TTIP.

Read the European Commission's report on the public consultation on investment protection and ISDS in TTIP

Read the ETUCE statement on Investment Protection in EU Investment Agreement