A LEGAL ANALYSIS OF THE POST-OPINION 1/94 VERTICAL DELIMITATION OF COMPETENCES IN EXTERNAL TRADE

Authors : Mustafa T KARAYİĞİT

Pages : 67-95

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Publication Date : 2006-06-30

Article Type : Research Paper

Abstract :The present paper analyses the post-Opinion vertical delimitation of competences in external trtule. Following rhe insinuation given in OplJtion 1/94, the Member States, as the masters of the Treaty, have amended the delimitation of cmnpetences under the comnum commercial policy to enable the Community to effectively adapt to the dew:lopmenf!i of international trade law especially in respect tif the WTO Agreement. Whether they have been successful in their attempts will be examined. En that regard, under the AmJterdam and Nice Treaty, and in order to get a pro:,pect about the possible fu:ture of delimitatioll of competeru:es in external trade, under the Constitutional Treaty, the delimitation issue is scrutinised in terms of the ratione materiae scope of rhe common commercial policy. the substantive and procedural rules within the ambit of the common commercial policy and the possible 4fects of these configurations. 
Keywords : Yetki, Ortak Ticaret Politikası, Anlaşma değişiklikleri