Independent Ireland MEP Ciaran Mullooly said he will oppose "any attempt by the European Commission to provisionally implement the EU-Mercosur trade agreement while it is under formal examination by the Court of Justice of the European Union (CJEU)".

The CJEU is to be asked to give its legal opinion on the controversial EU-Mercosur deal after MEPs voted at the European Parliament in Strasbourg yesterday (January 21) in favour of a motion to seek legal advice from Europe's top court. 

“I have been engaging with MEPs from right across the European Union for months on this issue,” Mullooly said.

“There is serious unease in this parliament about both the content and the legal architecture of this deal.

“The Court of Justice is now being asked to examine whether this agreement stands up under the Treaties.

“That is not a minor step. It is a fundamental constitutional safeguard.”

Constitution

Mullooly referred to a previous trade agreement and how questions about its legality were handled.

He said:  “In the case of the EU-Canada agreement, CETA, the European Union exercised caution where legal questions arose and ensured that constitutionally sensitive elements were not activated until the court had delivered its view.

“That was the correct approach then, and the same constitutional restraint must apply here.”

The Midlands-North-West MEP emphasised that the Mercosur referral concerns the broader legal structure of the agreement.

"This is not a minor technical query. The legal architecture of the deal itself is under examination," he added.

"That makes it essential that the Court is allowed to complete its work before any further steps are taken.”

Mullooly said that Irish farmers “already face intense pressure”, and should not be "asked to compete under a deal that is still being examined for compatibility with EU law".

“The sequence must be clear and lawful: Court review first, political decisions second. Anything else would be reckless and unacceptable," the Midlands-North-West MEP added.