2017 has been an important year for the future of the external trade policy EU. Several developments impacted the way in which it can exercise its ‘ exclusive competence ’ . Opinion 2/15 of the European Court of Justice (ECJ) on the EU – Singapore FTA provided clarity on the division of competence in trade and investment agreements. This article assesses the effects of the Opinion and submits that its effects reach well beyond the issue of investment. They have an impact on the manner in which the Commission treats the inclusion of new subjects in Free Trade Agreement (FTA) negotiations, as well as on the roles of Member States and the European Parliament.
Global Trade and Customs Journal