Public services in EU trade and investment agreements

Abstract

This thesis examines the impact of European Union trade and investment agreements on public services of its member states. Typically, the relationship between EU law and public services is thought of as an internal question that concerns the single market and its impingement of such services. However, this neglects the potential effect of the Union’s external agreements. Their possible role has received widespread public attention but comparably little from academic circles, although a growing body of legal scholarship continues to develop. Against this backdrop, the overarching question of the thesis is whether public services are protected and treated as they should be in EU trade and investment agreements. This raises a number of sub-questions: how can international trade and investment rules impact public services; what obligation does the EU have to public services; does this extend to its international agreements; and, if so, do its external agreements meet its public service obligation. Over the course of six main chapters, each of these is addressed. Adopting doctrinal legal methodology, a broad argument is constructed that argues public services are a shared value of the Union that should shape its trade and investment policy. It is claimed the EU’s external treatment of public services should cohere with its internal treatment of public services. As it expands its collection of trade and investment agreements, the EU has made use of the existing toolkit of international trade and investment law. It has, however, done so in a tailored fashion thats carves out policy space for public services. Combined with its preclusion of direct effect, it is argued the EU’s agreements take important steps in satisfaction of their obligation to public services. That said, the approach adopted by the EU leaves significant room for future improvement.