The concept of ‘Union interest’ in EU external trade law

Horváthy, Balázs (2014) The concept of ‘Union interest’ in EU external trade law. ACTA JURIDICA HUNGARICA: HUNGARIAN JOURNAL OF LEGAL STUDIES, 55 (3). pp. 261-276. ISSN 1216-2574

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Abstract

The category of ‘Union interest’ plays a specific role in EU common commercial policy. Its significance is especially substantial in the field of trade defence instruments. Even though trade defence instruments reflect on international trade distortions, their main objective is to protect European industries and other economic operators against the injurious practices of competitors from third countries, the imposition of restrictive trade measures might not only offer advantages to the affected EU industries, but also disadvantages to other actors in the European Union. Consequently, the Union interest test makes sure the other side of the coin is looked at and the European Union is prevented from imposing trade defence instruments, when the negative impacts on certain interested actors are clearly disproportionate to the positive impacts the trade defence measure might have on the protected EU industries. The current paper is focusing on the nature and character of the ‘Union interest’. The paper starts by defining some basic concepts regarding the EU interests in EU law, examines the nature of ‘Union interest’ in the trade defence procedures, and then attempts to reflect on the new trade enforcement regulation and the EU general trade interests.

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