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Public services in EU trade and investment agreements

Dates:
  • Mon 16 Sep 2019 10.00 - 12.00
  Add to Calendar 2019-09-16 10:00 2019-09-16 12:00 Europe/Paris Public services in EU trade and investment agreements

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.

Sala del Torrino , Villa Salviati DD/MM/YYYY
  Sala del Torrino , Villa Salviati

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.


Location:
Sala del Torrino , Villa Salviati

Affiliation:
Department of Law

Type:
Thesis defence

Supervisor:
Professor Emeritus Marise Cremona (EUI - Law Department)

Examiner:
Prof. Joanne Scott (EUI - Law Department)
Prof. Markus Krajewski (University of Erlangen-Nürnberg)
Professor Piet Eeckhout (University College London)

Contact:
Valentina Spiga - Send a mail

Defendant:
Luigi Pedreschi (EUI - Law)
 
 

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