L’instrument anti-coercition. Première analyse du règlement relatif à la protection de l’union et de ses états membres contre la coercition économique

Henri Culot

Revue internationale de droit économique, 2023, vol. t.XXXVII, issue 3, 97-126

Abstract: Regulation (EU) 2023/2675 on the protection of the Union and its Member States from economic coercion by third countries adds an ?anti-coercion instrument? to the European Union?s trade arsenal, enabling it to react to acts of economic coercion committed against the Union and its Member States, possibly through the intermediary of companies established there. This Regulation is one indication, among others, of a change in the EU?s attitude to economic globalisation and free trade. Without abandoning its ideals, the EU is adopting a less naïve attitude towards the major economic powers that are both its partners and its rivals.This article sets out the objectives of the Regulation and the dangers that had to be considered when it was drawn up. It points out that the Regulation is not an isolated initiative, but that other instruments already exist within the Union?s legal order to react against aggressive acts in economic matters. The article then presents the main provisions of the Anti-Coercion Regulation, discussing the definition it adopts of economic coercion, which also defines its scope, the procedure to be followed in determining the existence of coercion and the response to be addressed (which also raises the question of the division of competences between EU bodies in this area), the choice of response measures, respect for proportionality in the response to coercion, and the mechanisms established to prevent, if possible, an escalation of sanctions.

Keywords: economic coercion; anti-coercion measures; anti-coercion instrument (ACI); regulation (EU) 2023/2675 (search for similar items in EconPapers)
Date: 2023
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