Common commercial policy, export controls and national systems

Author/s Maurizio Lo Gullo
Publishing Year 2020 Issue 2019/3
Language Italian Pages 25 P. 63-87 File size 97 KB
DOI 10.3280/EP2019-003003
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With this short essay we propose to make some considerations on the impact that national export control measures can have on the EU’s common commercial policy. The system adopted by the European Union to establish a unitary regime of export controls for strategic goods (dual use) does not guarantee uniformity of conditions between the economic operators of the different Member States. The attempt to find a balance between the needs of commercial policy and national foreign and security policy reasons creates areas of discretion capable of jeopardizing the uniformity of the discipline. It is necessary to identify limits to the discretion of the national authorities. This also requires the need for adequate control of the legitimacy of the acts of the competent authorities by the national courts. Only effective control by the judiciary can limit the dangers of distorting equal opportunities and conditions for operators in different EU Member States.

Keywords: EU, export controls, dual use foreign policy, internal security

Jel codes: K290

Maurizio Lo Gullo, Politica commerciale comune, controlli all’esportazione e sistemi nazionali in "ECONOMIA PUBBLICA " 3/2019, pp 63-87, DOI: 10.3280/EP2019-003003