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Cover of: Wider die German Angst – Ein Plädoyer für die transatlantische Handels- und Investitionspartnerschaft (TTIP)
Frank Hoffmeister

Wider die German Angst – Ein Plädoyer für die transatlantische Handels- und Investitionspartnerschaft (TTIP)

Section: Treatises
Volume 53 (2015) / Issue 1, pp. 35-67 (33)
Published 09.07.2018
DOI 10.1628/000389215X14327358584840
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In his article ,Countering the German Fear – a pladoyer for the Transatlantic Trade and Investment Partnership', the former Deputy Head of Cabinet of the EU Trade Commissioner De Gucht (2010–2014), Hoffmeister, presents a detailed analysis of the process and substance of the envisaged transatlantic trade agreement. He argues that there is transparency in the negotiations as the European Commission informs both the other institutions (Council of the European Union and the European Parliament) and civil society on a regular basis and publishes EU negotiation documents on the website. The only limitation exists with respect to US negotiation documents which cannot be published due to a lack of US consent. The author also reviews the chapters on trade in goods, services, public procurement and rules, rebutting arguments that the agreement would lower environmental or social standards or undermine cultural services. Finally, he makes the argument that TTIP is covered by Article 207 TFEU to a very large extent, opposing the view that portfolio investment, criminal sanctions for violations of intellectual property rights or sustainable development issues fell within Member State competence. Even for transport services, which are outside the scope of Article 207 TFEU, it would have to be verified whether the EU had not legislated to such an extent in the field that it would have become exclusively competent under Article 216 and 3 (2) TFEU. Accordingly, it is not a foregone conclusion whether TTIP will be regarded as a mixed agreement or not in Hoffmeister's view.