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The elephant in the room being of course whether the ECJ will accept another judicial body giving rulings on EU law.

It's one thing to have a dispute resolution body adjudicating on the terms of a trade agreement (accepted by the ECJ in Opinion 2/15), and quite another for the same body to interpret EU law or wording taken from EU law (rejected in Opinions 1/91 and 1/92). Even where provision is made for the body to refer issues to the ECJ by way of preliminary reference, this is not enough for the ECJ (Opinion 2/13).

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