The Reform of the Common Commercial Policy

Markus Krajewski

in EU Law after Lisbon

Published in print January 2012 | ISBN: 9780199644322
Published online May 2012 | e-ISBN: 9780191738173 | DOI:
The Reform of the Common Commercial Policy

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The Treaty of Lisbon profoundly changed the scope and operation of the common commercial policy (CCP). These changes can be analysed and categorized in constitutional terms relating to horizontal and vertical distribution of powers, that is, Union vs Member State competence, voting procedures in the Council and parliamentary participation in the decision-making process. Furthermore, the CCP is now subject to the overall value-driven framework of the Union's external policy (Article 205 TFEU). An in-depth analysis of the proposed provisions on the common commercial policy shows that the Union competence in this field will increase, covering trade in services, intellectual property rights and investment (Article 206 TFEU). Nevertheless, some elements of control remain through unanimous voting requirements in the Council (Article 207(4) TFEU). At the same time, the role and importance of the European Parliament will increase. However, the reduction of the competence of the Member States will result in a reduced role of national parliaments. Furthermore, the European Parliament will also only exercise limited control over the European Commission. Therefore, while the Treaty of Lisbon will make the common commercial policy more coherent, its achievement concerning democratization is mixed.

Keywords: common commercial policy; EU external relations; European Parliament; Treaty of Lisbon

Chapter.  9870 words. 

Subjects: EU Law

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