Rethinking Solidarity in View of the Wanting Internal and External EU Law Framework Concerning Trade Measures in the Context of the COVID-19 Crisis

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 573-585 | European Forum Insight of 25 April 2020 | (Table of Contents) I. Introduction. - II. The facts: the emergence of measures restricting trade within the internal market and towards third states for the protection of public health. - II.1. Measures taken by EU Member States. - II.2. Measures taken by the EU. - III. The relevant legal framework. - III.1. EU internal market law. - III.2. EU external relations law. - III.3. WTO law. - IV. Assessment of the legal framework in light of economic and policy considerations surrounding a pandemic. | (Abstract) The present Insight looks at the EU and the international law framework concerning trade measures in the context of the COVID-19 crisis, focusing on export restrictions. As is shown, the legal framework is fairly permissive with regard to EU Member States, but also the EU as an international actor. Taking into account economics- and policy-based views on export restrictions in the context of pandemics, one may wonder whether one should not rethink the existing legal and institutional framework in order to strengthen international solidarity in such situations.

Keywords

• covid-19 and the eu
• internal market
• export restrictions
• free movement of goods
• common commercial policy
• wto law