Edited by Inge Govaere, Reinhard Quick and Marco Bronckers
Chapter 7: EU Common Commercial Policy Throwing Off the Shackles of ‘Mixity’
Inge Govaere 7.1 THE ECHTERNACH PROCESSION REVISITED With his usual wit Jacques Bourgeois in 1995 pointedly identiﬁed the participation of the EU (then EC) in the WTO, as well as Opinion 1/94,1 as an Echternach procession, meaning that ‘for each three steps forward participants take two steps backward’.2 Little did he know that from there on the procession would proceed painstakingly uphill, with successive Treaty revisions shedding thorns on the already slippery path. Right up until the Lisbon Treaty the process toward fully ﬂedged participation of the EU in international trade relations indeed proved to be a long and difﬁcult one. It might sufﬁce here to point to the short-lived reference to ‘joint’ competence under the common commercial policy (hereafter CCP) heading, inserted by the Nice Treaty. This triggered Opinion 1/08, which was already, by the time it was rendered, historical in the sense of outlived, since the Lisbon Treaty entered into force the very next day.3 Fifteen years have gone by since Jacques wrote his critical paper. The time seems ripe to review the follow-up to two issues that he had identiﬁed as problematic immediately after Opinion 1/94, and that led the WTO to be concluded as a mixed agreement. First, he pointed to the ‘inconsistent’ off-hand limitation of the scope of the concept common commercial policy so as to exclude, for instance, transport policy.4 Secondly, he put into 1 CJEU, Opinion 1/94, WTO Agreement (GATS & TRIPS), 15 November 1994,  ECR I-5267. 2...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.