January 18
2021
Anjum Shabbir
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10th February 2020
External Relations & Trade Institutional law

Citizens’ Initiative on Common Commercial Policy and international law compliance filed at the General Court

On 4 September 2019, the European Commission ruled that the citizens’ initiative ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’ manifestly fell outside the framework of the Commission’s powers to submit a legal act. The full text of the Commission’s decision is available here.

The citizens’ initiative was intended to regulate ‘commercial transactions with Occupant’s entities based or operating in occupied territories by withholding products originating from there from entering the EU market’. The European Commission noted that the measure proposed required the enactment of a legal act under the legal basis provided in Article 215 TFEU. However a prerequisite for a legal act to be adopted on the basis of Article 215 TFEU is a decision adopted in accordance with Chapter 2 of Title V of the Treaty on European Union, which provides for the interruption or reduction, in part or completely, of economic and financial relations with the third country concerned. The Commission argued that it does not have the power to submit proposals for such a decision.

The promoters of the initiative launched legal proceedings against the Commission in the General Court, published today under case number T-789/19 and available here.

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