Abstract

The present paper analyses the post-Opinion vertical delimitation of competences in external trade. Following the insinuation given in Opinion 1/94, the Member States, as the masters of the Treaty, have amended the delimitation of competences under the commom commercial policy to enable the Community to effectively adapt to the developments of international trade law especially in respect of the WTO Agreement. Whether they have been successful in their attempts will be examined. In that regard, under the Amsterdam and Nice Treaty, and in order to get a prospect about the possible future of delimitation of competences in external trade, under the Constitutional Treaty, the delimitation issue is scrutinised in terms of the ratione materiae scope of the common commercial policy, the substantive and procedural rules within the ambit of the common commercial policy and the possible effects of these configurations. Keywords: Competence, Common Commercial Policy, Treaty amendments.

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