EU Trade Policy between Constitutional Openness and Strategic Autonomy

Abstract

From 'strategic autonomy' to 'open strategic autonomy' in the 2021 EU Trade Policy Review - questioning the added value of the qualifier 'open' - legal exploration of 'openness' in EU external trade - identification of constitutional norms of 'openness' in the Treaties - strong constitutional preference for openness - discretion for trade liberalisation and multilateralism and international cooperation but strict obligation for compliance with international law - reviewing recent EU trade instruments in light of these norms - rise in unilateral trade policy instruments adopted since 2021 in pursuit of open strategic autonomy - instruments seeking to restore reciprocity in international trade relations - instruments using access to the internal market as a lever for achieving global sustainability goals - instruments preserving EU security through trade - problematic tensions with international law - very limited 'openness' in 'open strategic autonomy'.