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This article examines how the Common Commercial Policy in the post-Lisbon era impacts citizens' rights both within the EU and in the partner countries. The EU's aspiration to pursue a normative agenda through trade has further been reinforced by the Lisbon Treaty, both with regard to the objectives of external action and the reformed trade policy-making processes. Concurrently, however, the EU has refocused its trade strategy on growth and competitiveness, and strongly advocated the conclusion of 'new generation' free trade agreements. These agreements combine an ambitious 'WTO-plus' agenda with normative issues such as provisions on human rights, a social dimension and sustainable development. The result of this dual approach is a mixed 'constitutional balance': whereas constitutional rights and competitiveness have the potential to reinforce each other with positive synergy effects, they may also result in tensions and policy incoherencies.
This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing so-called ‘New Generation’ free trade agreements. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints, and addresses contemporary debates and future challenges for EU institutions and Member States.
Free Trade Agreements (FTAs) are increasingly employed by the European Union (EU) as a tool of its internal market and external relations policy. This article addresses the evolution of FTAs through the jurisprudential lens of the Court of Justice of the EU. To this end, and after clarifying key constitutional issues (competence, substance and hierarchy), it discusses the Court's case-law on the direct effect of certain measures, and addresses a selection of cross-functional questions regarding the interpretation of material law founded in the Court's case-law. As a matter of general tendency, the jurisprudence takes a rather liberal stance in recognising direct effects of FTAs concerning analogical interpretation of economic freedom. By contrast, a more restrictive approach appears to have been applied to the interpretation of provisions having an impact on the possibility of third states' citizens to reside in the EU.
On 1 July 2000 regulations to liberalize trade flows between Mexico and the European Union came into force, after more than six years of diplomatic work and complex negotiations. These regulations are part of the "Tratado de Libre Comercio (TLCUEM), which is also one of the components of the Agreement on Economic Association, Political Concertation and Cooperation ("Global Agreement"). The Global Agreement through its three components - political dialogue, trade liberalization and cooperation- was at the time the most ambitious agreement ever constituted by the EU. The economic association component included in the Global Agreement - the TLCUEM- was the first overseas free trade treaty and served as an important precedent for later EU negotiations with other Latin American countries. The purpose of this essay is to analyze the reasons that led Mexico and the EU to the constitution of this treaty; to describe the main challenges of the Global Agreement negotiations of different components; and to briefly review the results of the first three years since the TLCUEM enforcement.
This book provides an analysis of the institutional and constitutional effects of EU international agreements, with a particular focus on their potential effects on private parties. The European Union has entered into a number of international agreements that raise serious fundamental rights concerns due to a lack of parliamentary and judicial scrutiny. The book addresses these issues in the context of developments contained in the Lisbon Treaty, focusing on primary and secondary sources, including German/French scholarship, as well as EU and national case law.
Présentation de l'éditeur : "Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)'s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law."
This book represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU’s external trade relations, building on and stimulating further – the already well-engaged – scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.
This ePaper looks at the recent politics of EU trade, and specifically at the political hurdles characterising the enforcement of free trade agreements (FTAs) negotiated by the European Commission. It argues that civil society advocacy groups have played a key, yet undertheorised, role in accounting for the recent politicisation of a number of EU FTAs, which has often translated into obstacles to ratification. The TTIP, the CETA, and the EU-Mercosur FTA constitute relevant examples. The analysis privileges a Commission standpoint, conceiving ratification hurdles as public-management issues tackled by Brussels in view of rescuing its trade-policy mandate from domestic vetoes. We argue that the Commission is particularly compelled to implement FTA reviews and safeguards when advocacy concerns are endorsed by official-level policy actors like the European Parliament, enjoying ultimate veto powers. In a final step, the research also enquires into the narrower reality of mixed FTAs, focusing on the case study of the CETA. In this regard, it suggests that prolonged national-level ratification poses no extraordinary obstacle to the Commission, as treaty enforcement is aided by lock-in dynamics involving both official-level and civil-society veto players – even in the absence of full de jure ratification. We conclude that, while the above ratification obstacles have been addressed by the Commission on an ad hoc basis, as contingent policy issues, their prolonged occurrence suggests that they will need to be tackled more systematically in the future. This will require operating at the level of treaty-design, by addressing pressing concerns like trade and sustainable development more thoroughly and bindingly ahead of concluding negotiations – in view of preventing otherwise inescapable enforcement hurdles.
The volume brings together academics and practitioners from across the EU to address the question of ‘facultative mixity’ in the EU’s external relations, i.e. the situation whereby both the EU and its Member States enter into an international agreement with a third country even if legally the EU could act on its own.