The Treaty of Lisbon and the Future of European Law and Policy
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The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.
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Chapter 14: The European Union’s New Common Commercial Policy after the Treaty of Lisbon

Rafael Leal-Arcas


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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