The EU's Post‐Lisbon Free Trade Agreements: Commercial Interests in a Changing Constitutional Context

Abstract

This article examines how the Common Commercial Policy in the post‐Lisbon era impacts citizens' rights both within the EU and in the partner countries. The EU's aspiration to pursue a normative agenda through trade has further been reinforced by the Lisbon Treaty, both with regard to the objectives of external action and the reformed trade policy‐making processes. Concurrently, however, the EU has refocused its trade strategy on growth and competitiveness, and strongly advocated the conclusion of ‘new generation’ free trade agreements. These agreements combine an ambitious ‘WTO‐plus’ agenda with normative issues such as provisions on human rights, a social dimension and sustainable development. The result of this dual approach is a mixed ‘constitutional balance’: whereas constitutional rights and competitiveness have the potential to reinforce each other with positive synergy effects, they may also result in tensions and policy incoherencies.