Maria Rosaria Calamita

The new "Twin-Track" of the European Union Commercial Policy after the Opinion 2/15 of the European Court of Justice

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Abstract

The aim of this article is to describe the challenges of the European Union Commercial Policy after the Opinion made by the European Court of Justice with regard to the conclusion of the Free Trade Agreement signed between the EU and the Republic of Singapore: the so called EUSFTA. In this Opinion, the ECJ has specified how the competences are distributed between the EU and its Member States in the conclusion of Free Trade Agreements. Starting from a brief comparison between the abovementioned Opinion 2/15 and the previous Opinion 1/94 (related to the competences of the European Community in taking part to the World Trade Organization) how the characteristics of the Agreements in which the EU is involved are changing will be investigated. Finally, the incoming "Twin-Track" of the EU Commercial Policy - considered as the new tendency of the EU Institutions to separate the cooperation on promoting and protecting investments from the policy related to the trade in goods and services - will be analysed.

Keywords

  • European Union Commercial Policy
  • Opinion 2/15 ECJ
  • Opinion 1/94 World Trade Organization

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