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2 results

  • 9 - The Foreign Subsidies Regulation

  • from Part III - The Tools for Assertive Representation of EU Interests
  • Wolfgang Weiß, University Speyer, Cornelia Furculita, University Speyer
  • Book:
    Open Strategic Autonomy in EU Trade Policy
    Published online:
    29 November 2024
    Print publication:
    12 December 2024, pp 326-368

  • Summary

    Chapter 9 concentrates on the Foreign Subsidies Regulation (FSR) aimed at tackling the competition distortions on the EU internal market caused by third countries’ subsidies to undertakings operating in this market. It presents the Regulation and argues its purpose of gap-filling due to limited EU state aid rules on this subject. Considering EU’s multilateralist stance and commitment to international law, the last being explicitly inscribed also in the FSR itself, the chapter seeks to determine the limits within which the EU could act. Thus, it provides a comprehensive analysis of the FSR’s compliance with WTO Law, namely WTO subsidies and non-discrimination rules. Furthermore, as the FSR rules might also collide with bilateral norms on subsidies, the chapter analyses the FSR’s compliance with the relevant commitments from most prominent EU FTAs, such as EU UK Trade and Cooperation Agreement, EEA Agreement, or CETA. Finally, the analysis of FSR’s conformity with international law is complemented with the consideration of further potential political implications.

Open Strategic Autonomy in EU Trade Policy
  • Assessing the Turn to Stronger Enforcement and More Robust Interest Representation
  • Wolfgang Weiß, Cornelia Furculita
  • Published online:
    29 November 2024
    Print publication:
    12 December 2024
  • This book analyses whether the recent reorientation of EU trade policy towards stronger enforcement and more robust representation of interests, resulting in a series of new or amended legislative tools, is in conformity with the EU's international commitments, particularly WTO, FTA, environmental, and general international law, and with its multilateralist stance and underlying constitutional obligations. The analysis is also set against the consequences that would flow from within the EU legal order, providing readers with a comprehensive view of the external and internal constraints on trade policy that the EU should respect, as well as the leeway it enjoys. In case of potential tensions, it submits changes that would better balance the EU's new ambitions and international obligations. Furthermore, the book looks beyond the possible legal repercussions to consider the broader political implications of these instruments on the credibility of the EU's commitment to multilateralism and international law.