Edited by Martin Trybus and Luca Rubini
Chapter 14: The European Union’s New Common Commercial Policy after the Treaty of Lisbon
Rafael Leal-Arcas 1. INTRODUCTION The Treaty of Lisbon (ToL)1 is a replacement for the EU Constitutional Treaty,2 since the latter failed ratiﬁcation. The ToL is a substantive legal document, introducing signiﬁcant legal, procedural, and institutional changes. It draws heavily on the EU Constitutional Treaty,3 conﬁrms much of its substance, and includes, inter alia, provisions relating to the EU’s capacity to formulate a common foreign policy4 and to enjoy a single legal personality5 to conclude international agreements and to join international organizations. The ToL introduces a number of changes to the EU’s external trade and investment policy decision-making. The ToL tries to improve efﬁciency and accountability in EU trade policy-making. International trade is a policy area in which the EU has long been recognized as an important actor. Two important institutional innovations of the ToL have a signiﬁcant impact on EU external action: the introduction of a permanent President of the European Council – appointed for a renewable term of two and a half Ofﬁcial Journal C 306 of 17 December 2007. Ofﬁcial Journal C 310 of 16 December 2004. 3 Cremona, M. (2003), ‘The Draft Constitutional Treaty: External Relations and External Action’, Common Market Law Review, 40, 1347–1366. 4 Cremona, M. (2007), ‘The Union’s External Action: Constitutional Perspectives’, in Amato, G., H. Bribosia and B. de Witte (eds), Genèse et destinée de la Constitution européenne – Genesis and Destiny of the European Constitution, Bruxelles: Bruylant, pp. 1173–1217,...
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