Canadian expert Scott Sinclair started the workshop by explaining the links of green change and just transition with the necessity of strong public services. According to his analysis, only the use of public services can effectively advance and democratically shape these major changes. The opportunities to make society fairer and more open to everyone, would need the support and the active input of the public services sector. The restrictions due to the Investor-state dispute settlement (ISDS and ICS), which are in particular expensive for the State, present a similar obstacle as the rules on market access. Hence, Sinclair demands that especially investment arbitration against climate-relevant measures is abandoned and to better protect public services against privatisation pressure. 

AK Expert Oliver Prausmüller pointed out that one of the biggest problems of the EU’s “new generation” of trade and investment agreements with third countries is their expansion to ever more areas of life. This results in more pressure on regulations in the public interest, including in particular public services. He explained, for example, what risks for liberalisations might be entailed through the backdoor within the scope of agreements such as CETA, TiSA or Australia and New Zealand. Hence, it is even more important to succeed in a complete and legally certain exemption of public services from trade and investment agreements. A joint study by AK EUROPA und EPSU offers a relevant legally sound model clause for the protection of public services. After all, public services are a core element of the welfare state and have to be democratic and accessible for the benefit of all.

In the opinion of Lucile Falgueyrac, Expert at the European Parliament, the European Parliament does not yet pay enough attention to these aspects. Apart from the problem of the toothless sustainability chapters and the investor protection clauses, which restrict the active control by the State, in particular in the current climate crisis, questions arise in particular on human rights and trade within the scope of corporate due diligence. In the coming months, apart from the particularly controversial Mercosur Agreement, above all negotiations on e-commerce, national regulations of services and the future of multilateralism within the scope of the World Trade Organisation WTO will also play an important role in trade policy. She believes that the appointment of Phil Hogan as new Trade Commissioner-designate will not change much in respect of which direction European trade and investment policy will choose.

However, the workshop made it clear that in the future, EU trade policy has to make a contribution to a just transition, a good life for all and to overcoming the climate crisis. Against this background, public services too must be protected against privatisation pressure to - in particular - be able to develop their potential as an active force concerning the imminent green change. That this is possible if all forces work together has been successfully demonstrated by the European Citizens’ Initiative “Right2Water” .

Further information

AK EUROPA: Model clauses for the exclusion of public services from trade and investment agreements

AK EUROPA: Assess TiSA - Assessing the claimed benefits of the Trade in Services Agreement  

Joint AK EUROPA, EPSU, ÖGB Europabüro, ETUC Workshop "Next generation trade and investment agreements. Upcoming challenges for public services”

AK EUROPA: Establishment of a model clause for the exclusion of public services from trade and investment agreements. Pending issues & key concerns

Campaign “Rights for People, Rules for Corporations – Stop ISDS!”

ETUC Position: WTO Reform to promote sustainable development, social justice and decent work