Beyond Liberalization: Health-Related Aspects of EU External Economic Agreements

This article argues that there exists a discrepancy between the Union's external competence in the sphere of public health or health services and the Union's internal competence on health policies. While the TFEU brings trade in health services into the scope of the CCP and assigns it as an exclusive competence of the EU, the Union may still have to rely upon the Member States in implementing international obligations relating to trade in health services.

This article also argues that health-related aspects of EU external economic agreements go beyond liberalization front. In addition to conventional equivalency test on SPS measures and mutual recognition agreements on TBT issues, they also cover public health issues relating to tobacco control, alcohol, illicit drugs, HIV-AIDS, and sometimes nuclear disaster and soft instruments governing regulatory dialogue and cooperation.