European Union as a Collective Actor in the World Trade Organization. An Analysis based on the Principles of Transparency, Accountability, Legitmacy and Democracy

One of the most prominent ambitions of the European integration was always to speak with one voice in its relation with the rest of the world. In the area of international trade and in the context of the WTO, the European superpower was and still is a fact. In the WTO, both the Union and the Member States are the members, but it has always been the Commission that spoke even for those matters that did not belong to the exclusive competence of the Union. However, this far-reaching transfer of competences and the practical importance of external trade policy seemed inversely proportional to the institutional quality of the rules that are the basis of EU practices in the WTO. EU practices have been criticized for lacking openness and not being subject to public scrutiny. The EU proclaims to be an international organization which adheres to the rule of law, protection of human rights, fundamental freedoms, and liberty, and is committed to the constitutional principles of transparency, accountability, legitimacy and democracy. This is not only expressed in the speeches and rhetoric of EU officials, but also spelled out in the Treaty on European Union (TEU), and official EU policy papers and declarations. Therefore, it is of great importance that the EU's practices in the WTO are in line with these principles. Following a thorough analysis of the EU's practices in the WTO and their assessment against four constitutional principles, scientific conclusions were drawn and suggestions for improvement were explored.

ISBN:978-1-907174-16-2

Publication year:2013

Keywords:European Union, World Trade Organization, common commercial policy, EU external competences, EU decision-making, EU representation, Constitutional theory, Transprency, Accountability, Legitimacy, Democracy