»Nadsodišča, ki bi brez ustreznega nadzora in mimo nacionalne ter zakonodaje EU dajala prednost tujim podjetjem, ne morejo biti predmet nobenega investicijskega sporazuma v Evropski uniji«

Poslanska skupina Socialnih demokratov je ob razpravi glede ratifikacije Sporazuma o zaščiti naložb med Evropsko unijo in Singapurjem opozorila, da Slovenija in Evropska unija ne smeta pristati na njegove določbe, ki predvidevajo ustanovitev t.i. nadsodišč, ki bi mimo rednega sodnega sistema odločala o sporih med vpletenimi v investicijske naložbe. Ob tem se pojavlja niz spornih postavk in neodgovorjenih vprašanj; določbe sporazuma o delu teh razsodišč pa pomenijo privilegiranje tujih investitorjev, ki bi nasproti domačih lahko obšli nacionalno zakonodajo, vprašljiva je neodvisnost razsodnikov ter pripadajoče pravice iz naslova razsodišč, ki v največji meri pripadajo tujim investitorjem.

Spomnimo, da se je Evropska unija s podobno razpravo glede tovrstnih nadnacionalnih mehanizmov že nedavno srečala; pri razpravi o sporazumu CETA, ko so določbe o uvedbi arbitražnega nadnacionalnega mehanizma pri določenih državah članicah Evropske unije – tudi Sloveniji – sprožile zadržke, kar je navsezadnje botrovalo temu, da je sporazum CETA danes le v začasni uporabi, njegovo skladnost z evropskim pravnim redom pa presoja Sodišče EU. Slovenije je vseskozi zastopala stališče, da naj se novih sporazumov s tako vsebino ne podpisuje, dokler se o njihovi skladnosti ne izreče Sodišče EU.

Poslanska skupina Socialnih demokratov je zaradi predloga spremembe slovenskega stališča v zvezi s tem sporazumom zahtevala koalicijsko usklajevanje. Predlog stališča RS namreč nakazuje, da naša država – kljub zadržkom do spornih določb glede naložbenih razsodišč – umakne pridržek na podpis sporazuma. Na današnjem Odboru za gospodarstvo je tako poslanka Socialnih demokratov mag. Meira Hot jasno povedala, da Vlada RS nima mandata, da bi kakršnekoli spremembe stališč glede tako pomembnih zadev sprejemala brez soglasja parlamenta in da bi tovrstna praksa pomenila velik odmik od predhodnih stališč Slovenije. Prav tako je poudarila, da gre v primeru sporazumov s Singapurjem za dva ločena sporazuma: prvi govori o prosti trgovini, drugi pa o zaščiti naložb, in le o slednjem – naložbenem – je danes odločal odbor. Prav naložbeni sporazum pa je po mnenju poslanke tisti, ki terja največjo pozornost, saj njegove določbe tujim podjetnikom omogočajo tožiti države pred posebnimi tribunali, tako da se izogne nacionalni zakonodaji in sodiščem.

»Pri predlogu stališča Slovenije, ki sicer sledi politiki potrjeni v Državnem zboru, se morata v obzir vzeti dve ključni povedi tega sporazuma, ki po našem mnenju ne bi smeli biti vključeni v stališče naše države. Ne smemo si namreč dovoliti, da se zaradi nekaj samo navideznih sprememb spravimo v pozicijo, ko bodo drugi lahko odločali o investicijskih sporih, ki se dogajajo našim ljudem, na naših tleh, da bomo imeli razsodišča, ustanovljena brez osnovnih meril demokratičnosti in neodvisnosti sodstva v Evropski uniji«, je bila jasna poslanka.

Ob tem je izpostavila tudi smiselnost, če ne že nujnost, da tako Slovenija kot tudi Evropska unija v prid zaščite njunih interesov, s tem pa interesov vseh njunih ljudi – vztrajata da se o skladnosti tovrstnih razsodišč najprej izreče Evropsko sodišče. »Le tako bomo na jasnem, sedaj in navsezadnje tudi v primeru Ceta, ali so takšna sodišča sploh v skladu s pravom EU«, dodaja Hotova.

Socialni demokrati tako kljub drugačni, »popustljivejši« drži naše države vztrajamo pri jasnem zadržku pri sprejemanju tega, ali ostalih investicijskih sporazumih, ki bi lahko škodovali našim, pa tudi evropskim interesom.

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