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Changes in the Common Commercial Policy after the Court of Justice of the EU's Opinion on the EU-Singapore Free Trade Agreement

Publication at Faculty of Law |
2019

Abstract

The Common commercial policy of the European Union expanded in its scope after the Lisbon Treaty by codification of previous case law of the Court of Justice of the EU (or the European Court of Justice) and an inclusion of foreign direct investment. Still, its boundaries have remained unclear.

This state regularly created competences disputes between the European Commission and the Council on which parts of new ambitious free trade agreement negotiated by the Union are of exclusive or shared nature. Finally, in case of the EU-Singapore Free Trade Agreement (EUSFTA), the European Commission decided to request an opinion of the Court on the legal nature of the agreement.

Due to its precedential value, the Court's opinion has had significant implications on current and future development of the EU common commercial policy.