The Lisbon Treaty and Changes in the Legal Rules on the Common Commercial Policy

Open access

Abstract

The EU Lisbon Treaty 2007 (LT) brings some changes for the common commercial policy (CCP) and the decision-making processes related to it. CCP is newly included in the one area with all the external activities of the EU, with foreign and security policy, international environmental policy, development aid and economic, financial and technical cooperation with third countries. The fundamental areas of the CCP have been expanded to include foreign direct investment, services and trade-related aspects of intellectual property rights. The EU’s exclusive competence for external negotiation of agreements in areas of exclusive competence and internal CCP regarding their implementation were confirmed. The changes affect the role of the European Parliament and also the functioning of the European Council, the Council, and competences of the High Representative for Foreign Affairs and Security Policy and the European External Action Service. Together with these changes, there will be also changes in procedures within the European Union. A number of aspects of the decision-making process are not yet entirely clarified, and only the practice of the participation of the EU Member States and the European Parliament in the formation of the common commercial policy will bring more meaningful conclusions. The changes brought by the LT will affect not only the extent of the influence of EU Member States on the common commercial policy, but they can also affect the position of the EU in the context of international trade, particularly in the area of negotiating commitments and rules of multilateral and bilateral trade and investment agreements.

1. BUNGENBERG, M. 2010. Going Global? The EU Common Commercial Policy After Lisbon’. In European Yearbook of International Economic Law 1, vol. 12, p.126.

2. DASHWOOD, A. - MARESCEAU, M. 2010. Law And Practice of EU External Relations. Cambridge University Press. ISBN 978-0-521-18255-3.

3. DIMOPOULOS. A. 2010. The Effects of the Lisbon Treaty on the Principles and Objectives of the Common Commercial Policy. In EFA Rev, vol. 15, no. 153.

4. EECKHOUT, P. 2012. EU External relations Law. Oxford University Press. Oxford-New York. ISBN 978-0-19-960663-4.

5. European Parliament resolution of 10 March 2010 on the transparency and state of play of the ACTA negotiations. [online]. [retrieved 20. 2. 2017]. Available at: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2010-0058+0+DOC+XML+V0//EN.

6. KRAJEWSKI, M. 2012. The Reform of the Common Commercial Policy. In Biondi, A., Eeckhout, P. 2012. European Union Law After the Treaty of Lisbon, Oxford University Press. ISBN: 978-0-199-64432-2.

7. REINISCH, A. 2009. Protection of or Protection Against Foreign Direct Investment? ln: Herrmann, C., Terhechte, J. 2009. European Yearbook of International Economic Law. Springer Verlag, Berlin Heidelber. ISBN 987-3540-78882-9.

8. Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (OJ C 306, 17.12.2007)

9. VIALE, F. 2010. External trade policy and the Lisbon Treaty: An enforcement of liberalisation of European commercial policy. [online]. [retrieved 15. 2. 2017]. Available at: www.s2bnetwork.org/download/LisbonTreaty&Trade

10. VIS-DUNBAR, D. 2009. EU Member States reject the call to terminate intra-EU bilateral investment treaties. International Institute for Sustainable Development. [online]. [retrieved 20. 2. 2017]. Available at: https://www.iisd.org/itn/2009/02/10/eu-member-states-reject-the-call-to-terminate-intra-eu-bilateral-investment-treaties/.

11. WOOLCOCK, S. 2008. The potential impact of the Lisbon Treaty on European Union External Trade Policy. In European Policy Analysis, Issue 8, Swedish Institute for European Policy Studies.

12. WOOLCOCK, S. 2010. The Treaty of Lisbon and the European Union as an actor in international trade. ECIPE Working Paper, No. 01. [online]. [retrieved 20. 2. 2017]. Available at: www.ecipe.org.publications/ecipe-working-papers

EU agrarian Law

The Journal of Slovak University of Agriculture in Nitra

Journal Information

Target Group experts, teachers and students in the field of agrarian law and related topics, as well as on general public.

Metrics

All Time Past Year Past 30 Days
Abstract Views 0 0 0
Full Text Views 391 223 16
PDF Downloads 185 132 7