Double case note on the scope of the EU's Common Commercial Policy and the future of "mixed agreements" based on the two ECJ Grand Chamber Judgements Case C-414/11, Daiichi Sankyo Co. Ltd and... Show moreDouble case note on the scope of the EU's Common Commercial Policy and the future of "mixed agreements" based on the two ECJ Grand Chamber Judgements Case C-414/11, Daiichi Sankyo Co. Ltd and Sanofi-Aventis Deutschland GmbH v. DEMO Anonimos Viomichaniki kai Emporiki Etairia Farmakon, Judgment of the Court (Grand Chamber) of 18 July 2013, EU:C:2013:520, and Case C-137/12, European Commission v. Council of the European Union (European Convention on the legal protection of services based on, or consisting of, conditional access), Judgment of the Court (Grand Chamber) of 22 October 2013, EU:C:2013:675. Show less
This edited Working Paper addresses three fundamental questions concerning EU External Action after the Lisbon Treaty: the institutional position and allegiance of the newly-established European... Show moreThis edited Working Paper addresses three fundamental questions concerning EU External Action after the Lisbon Treaty: the institutional position and allegiance of the newly-established European External Action Service, the future of the ‘left out’ Directorate-General for Trade and the Common Commercial Policy, and the protection of EU citizens abroad. These enquires are prompted by both an institutional innovation – the launch of the EEAS – as well as by a number of substantive changes to the legal framework of EU External Action. An ambitious agenda has been inserted into the primary law, around which the Union institutions and Member States are to rally. It is in turn the raison d’être of the EEAS to foster the ensuing need for consistency, as well as to provide impetus to the EU’s external action. Structurally, it is in itself a sui generis institution composed of officials from the Commission, the Council and the Member States. This raises a number of fundamental questions that go well beyond those concerning which person is going to be the new EU ambassador in Washington or Beijing. Above all, can these substantive and institutional innovations live up to the grand ambitions of the peculiar entity that is the EU? What old problems does it purport to solve, and what are the new problems it is likely to create? Essentially, to which extent does bundling the external objectives in the Treaties as well as pooling together the institutional resources in Brussels and the delegations actually render the EU an ‘ever-closer’ actor in the world? Show less
This chapter discusses the European Union’s Trade Policy as one of the main connectors of the Union with the outside world, with the ensuing legal and policy ramifications going well beyond trade... Show moreThis chapter discusses the European Union’s Trade Policy as one of the main connectors of the Union with the outside world, with the ensuing legal and policy ramifications going well beyond trade stricto sensu. Now that the dust of the EU’s reform process has begun to settle after entry into force of the Lisbon Treaty, it is time to take stock of the different ways in which trade serves as such a link. The chapter addresses three main aspects, reflecting the ascending level of ambition the EU shows to influence the outside world. First, the EU’s trade policy as a corollary of its internal market; second, the role of trade policy as a vehicle for various other external policies; third, the role of the EU’s trade policy in ‘constitutionalizing’ the system of global economic governance. In sum, three basic tenets emerge: First, where there is a common market, there needs to be a common trade policy. Second, where there is a common trade policy, foreign policy is right around the corner. Third, the more intertwined international trade and the foreign policy questions become, the greater the need for a (value-based, constitutional) framework balancing the different goals pursued and lending legitimacy to the decision-making process. However, this does not require any lofty ‘constitutional moment’, neither for the EU nor for the WTO, but the maintenance and further development of an effective legal system for international trade. Show less
