Abstract

Since the Treaty of Lisbon, trade policy has become an explicit part of the EU's external policy and integrated into the general framework of the EU´s external policy, but must also be in conformity with internal policies. Thus, trade policy is subject to a requirement of multiple coherence. Beyond constitutional obligations, other drivers work for the inclusion of non-genuine commercial policy objectives in trade policy, such as the orientation of contemporary trade politics towards the behind the border issues of national regulation, so that trade policy became closely intertwined with domestic regulatory policy. Therefore the actors primarily responsible for legislation, i.e. parliaments, advocate for their extended participation in determining trade policy, and rightly so for reasons of transparency, control and political inclusiveness. Parliaments thus become actors of respect for and positive consideration of non-commercial policy objectives in trade policy, which applies as well to the European Parliament (EP). Hence, an institutional design of policy formulation cycles and decision-making in EU trade policy that strives for better coherence of trade concerns with NTPOs must focus on strengthening the influence of the EP and improve its participatory rights in decision-making and its control and monitoring mechanisms. Consequently, the present paper derives proposals for improving EP´s monitoring mechanisms for the benefit of non-trade policy objectives (NTPOs) in trade policy from an analysis of weaknesses in the negotiation and implementation stage of trade policy.

Highlights

  • Since the Treaty of Lisbon, trade policy has become an explicit part of the EU's external policy and must be integrated into the general framework of the EUs external policy

  • 2016,ECLI:EU:C:2016:657, para. 69. ff. 2 Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the Union's rights for the application and enforcement of international trade rules and amending Council Regulation (EC) No 3286/94 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization, OJ L 189, 27

  • As to the substantive effect of the broad policy orientation, it is not yet clear whether the EU external policy objectives do all engender material impact, i.e. whether they guide the substance of trade policy, or whether some of them merely translate into procedural obligations (Cremona 2017, p. 14 f)

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Summary

The EP and NTPOs

Both the increased powers of the EP in trade policy, formally as well as informally, and the interference of trade policy with internal policies allow the EP to be even more active and effective in feeding NTPOs into trade policy, which is required by both the re-contextualization of trade policy within the general objectives of the EU and the thematic expansion of trade policy Both developments are mutually reinforcing: The strengthening of parliamentary influence in trade policy was motivated by the effort to increase the democratic input legitimacy of trade policy and, as regards the substance of trade policy, it contributes (by implementing the commitment to EU objectives, and by considering regulatory interference) to the increase in the out-put legitimacy of trade policy. 15 Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008, OJ L 303, 31.10.2012, p. 1-82

State of play
Enhancing the EPs monitoring in the negotiation stage
EPs Monitoring in the Implementation Stage with a view to NTPOs
Enhancing the EPs monitoring in the implementation stage
The EPs Powers in the Autonomous Trade Policy
Conclusion
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