The social dimension of the common commercial policy

Abstract

This chapter begins by introducing the architecture of Common Commercial Policy (CCP) competences and the pre-Lisbon relationship between trade and social interests that was based on a different constitutional structure before inclusion of the stated general principles and objectives. It examines the Court of Justice of the EU (CJEU) Opinion 2/15 and proposes three possible options for the relationship between liberalisation of trade and social interests in the CCP. The chapter analyzes the fields of sustainable development and public services. It demonstrates how the EU and its institutions balance and reconcile the tensions which may arise between trade liberalisation and social interests and, consequently, how the constitutional requirements are operationalised. The chapter argues that the EU envisions a liberalisation of trade embedded in and constrained by social interests. The major mechanisms for incorporating social concerns into trade policy choices and into the making of trade agreements are Sustainability Impact Assessments ('SIAs').