The European Parliament presented the resolution just five days after the signing of the agreement, on January 21, 2026, requesting the Court of Justice of the European Union (CJEU) to assess the compatibility with EU treaties of the Association Agreement and the Interim Trade Agreement with Mercosur (Argentina, Brazil, Paraguay and Uruguay).
Resolution 2026/2560(RSP) instructs its President to take immediate steps to obtain the opinion of the CJEU and to transmit the resolution to the Council and the European Commission for their information. This request temporarily suspends the entry into force of the agreement until the Court issues its opinion.
With 334 votes in favor, 324 against and 11 abstentions, the European Parliament approved the resolution that questions:
- La legal validity of the rebalancing mechanism, which could affect the EU's regulatory autonomy.
- La legal basis chosen for its approval, which allows trade chapters to be ratified without the consent of national parliaments.
According to the CJEU, these types of rulings usually take between 18 and 24 months (approximately 1,5 to 2 years), although the court can expedite the process if circumstances require it. The legal response, due to its complexity, is not simple.
The agreement, which has been under negotiation for over a quarter of a century, began with a negotiating mandate in 1999 and took shape in 2000, when intensive rounds of dialogue began. Following a political agreement in 2019 and several years of adjustments, additional commitments, and institutional preparations,Last Saturday, January 17, the official signing of the treaty was celebrated in Asunción, with Paraguay holding the pro tempore presidency of MERCOSUR and the presence of Ursula von der Leyen, President of the European Commission.
This led to a delicate stage of the process: ratification. by the European Parliament and formal approval by the Council of the EU. Once these stages are completed, the Interim Trade Agreement, under the exclusive competence of the EU, will enter into force and operate as a standalone text until the Association Agreement fully enters into force. The comprehensive agreement, which includes not only the trade pillar but also the political and cooperation pillars, must be approved by national parliaments.
In summary, the EU-MERCOSUR Agreement achieved more concrete progress at the beginning of 2026, although its effective implementation continues to advance at a slower pace than desired.
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