Naslov
EU Regulatory Policy and World Trade: Should All EU Institutions Care What the World Thinks?

Autori
Perišin, Tamara

Izvornik
European constitutional law review (1574-0196) 11 (2015), 1; 99-120

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
EU regulatory policy; EU institutions; internal market; WTO

Sažetak
The underlying premise of the paper is that all EU institutions have a duty to take WTO compliance and external trade effects into account when (de)regulating. Despite this mandate, not all institutions show the same level of sensitivity towards WTO compliance and external trade effects. The paper unfolds in two main parts. Following this introduction, the first main part contains case studies into the regulatory policy of the EU’s ‘legislative’ institutions and the deregulatory policy of the European Court of Justice (ECJ). They show that taking account of external trade effects or WTO compliance in regulating at the EU level might be the norm, but it is not something that the EU decision-makers practice in all situations. The second main part investigates the reasons for occasional disinterest in WTO law compliance or in external trade effects. It finds that policy reasons alone cannot explain why in some cases the EU has ignored negative external trade effects and WTO compliance, but it establishes that this is frequently a consequence of particular institutional interplay. The conclusion includes a normative statement arguing that all EU institutions should take account of WTO obligations and the external trade effects of EU rules, not only because this brings the EU’s actions in line with its official aims and commitment to multilateralism, but also because it benefits both EU citizens and companies as well as those in third countries.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA