EU COMPETENCES ON TRADE POLICY: OPINION 2/15 AND PROSPECTS FOR FUTURE EU TRADE AGREEMENTS (IKV BRIEF)

The Commission’s request for an Opinion of the Court of Justice on the EU-Singapore Free Trade Agreement (EUSFTA) triggered the very beginning of a process that would further mold and shape the Common Commercial Policy (CCP) and the future EU Trade Policy. The much-awaited Opinion 2/15 was released on 16 May 2017, and it clarified EU exclusive competences under the CCP and implied exclusive powers following the Lisbon Treaty reform. 
The Court of Justice concluded that the EUSFTA is a mixed agreement; however it also confirmed that the Agreement falls to a great extent under the EU exclusive competence; thus opening a window of opportunity for EU-only trade agreements excluding investment. Willing to avoid complications similar to that in the ratification process of the EU-Canada Comprehensive Economic and Trade Agreement, the Commission not surprisingly embraced this approach and it has already taken steps to initiate discussions with EU institutions on the future architecture of EU FTAs. These discussions also coincide with the debate on the future of Europe, creating an opportune moment to reconsider the future of the EU Trade Policy.Against this background, the article aims to analyse Opinion 2/15 and its possible implications, in the light of the historical evolution of the CCP and the inter-institutional balance in the decision-making process of trade agreements.

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Author: Bahar Güçlü
Publication date: January 2018
Number of pages: 32