Introduction

International trade plays a vital role for Denmark. Exports constitute 50 percent of total GDP and more than 800,000 Danish workplaces depend on the ability of companies to export their products. FH therefore supports the EU’s conclusion of bilateral trade agreements.

Since the Lisbon Treaty, there has been greater awareness of the many aspects of international trade, including how the EU’s trade policy can promote sustainable development and mitigate some of the negative effects of globalisation. Despite new provisions in the EU’s bilateral trade agreements on workers’ rights and environmental protection, there is a need to ensure more efficient implementation and enforcement.

The significance of international trade has been further accentuated during the COVID-19 crisis. The pandemic has exposed how global supply chains work and how vulnerable they can be when one or more of their links falls out.

This is one of the reasons why the crisis gives rise to a debate on the trade policy of the future.

For millions of people, the effects of COVID-19 can devastate their lives for many years to come. Not least for the young, who have fewer job opportunities as a consequence.

It is vital for the trade union movement that we do not lose sight of the long-term goals when managing the crisis.

International trade must aim to contribute to improvements in living conditions for the population. Growing inequality in the world creates social unrest and provides a breeding ground for more populism, attacks on democratic rights and paves the way for more totalitarian regimes.

There is a real risk that the efforts to reach the UN Global Goals towards 2030 are weakened. The fight against climate change could suffer the same fate.

FH wants to contribute to the debate on how a sustainable trade policy can contribute to meeting the UN Global Goals and the Paris Agreement on Climate Change.

We focus on all 17 Global Goals but, in this context, we would like to emphasise 8 goals on decent work and economic growth.

In order to get through a crisis as deep as COVID-19, a visionary trade policy could be a catapult that accelerates a new development.

The FH trade policy uncovers many different aspects and contains a number of recommendations targeting both the EU, the WTO, the government and businesses.

Among other things, the FH trade policy is input for the government’s work in the Forum for Fair and Sustainable Trade (Forum for Fair og Bæredygtig Handel) and for the European Commission’s review of the trade policy strategy launched on 16 June 2020.[1]

Summary of FH’s recommendations

FH has formulated a set of specific recommendations for how future trade policy can contribute considerably to meeting the UN Global Goals and the Paris Agreement on Climate Change.

1. Globalisation needs an overhaul

FH finds that the EU should conclude more trade agreements that can contribute to strengthening workers’ rights. The agreements are important to Denmark being a small, open economy. Danish exports constitute 50 percent of total GDP and are the foundation for more than 800,000 workplaces.

FH therefore engages constructively in the efforts to ensure more trade agreements and considers the specific content of each trade agreement from an overall perspective.

FH supports an urgent reform of the WTO and it is crucial that it focuses on the WTO’s mandate. The WTO must take on a greater role when it comes to contributing to a sustainable development and achieving the UN Global Goals.

The WTO must ensure that the regard for both workers’ rights, the environment and climate change are incorporated in the negotiations on future trade agreements. And it is necessary for the WTO and the ILO to work closely together in future.

2. Sustainability

FH finds that it is necessary to focus more on better enforcement of the existing sustainable development chapters on workers’ rights in in the trade agreements in order to create a fairer globalisation.

FH finds that, in negotiations on future trade agreements, the European Commission should set requirements to meet international standards on workers’ rights and environmental standards as conditions for the agreement. The requirements must be matched by pledges to provide market access, aid and technical expertise. This could, among other things, be in the form of development aid to increase the capacity of the country in question in order to fulfil the agreement. This could be in form of training and education or through assistance to institutions such as well-functioning labour inspectorates.

3. Better implementation and enforcement

FH finds that there is a need to strengthen the enforcement of the sustainable development chapters of the trade agreements and that a gradual implementation of trade preferences (lower customs duties for example) as ILO conventions are implemented would be a strong incentive. It is a precondition that it is a process whereby, during the negotiation between the EU and a future trading partner, a common understanding of the needed improvements is developed.

FH finds that, in cases of violations of ILO conventions, financial incentives must be used to strengthen conditions for workers. Furthermore, there is a need for assessing the procedure for dealing with enforcement, complaints and dispute settlement in order to strengthen the influence of the social partners.

FH finds that the EU must become better at applying the agreed procedures in case of violations of the sustainable development clauses. It is unclear whether it is mandatory to observe the recommendations from the group of experts and, therefore, the EU must eliminate doubts about the consequences of not observing the experts’ recommendations.

4. A safeguard against social dumping

FH finds that a clear and unequivocal wording should be entered that defines how member states, by way of national legislation and collective agreements, can ensure equal treatment of workers from third countries as well as how trade liberalisation should be shaped in order to avoid discrimination.

Equal rights and equal conditions must be ensured for migrants. This will entail better control of illegal migration and trafficking.

5. The social partners must be more closely involved

FH finds that the social partners and the civil society constitutes a considerable part of the monitoring through the established advisory forums (Domestic Advisory Group). But in order for it to be more effective, considerable resources must be added – not least in light of the growing number of trade agreement concluded by the EU – and a strengthened involvement can be achieved, among other things, if the European Commission establishes a more structured cooperation between the DAG’s, the European Commission’s Chief Trade Enforcement Officer and the Expert Group on Trade and Sustainable Development from the member states.

FH finds that the EU’s development policy should give priority to providing funds to support capacity building in the civil society in the countries with which the EU concludes trade agreements in order to play this role. This will allow them to become better at holding their governments responsible for the sustainable development chapters that they have signed.

6. Businesses must take on a greater responsibility

FH finds that, through trade policy and the EU’s work with due diligence, a business model that is sustainable and responsible should be promoted, both when it comes to workers’ rights and the environment and climate impact.

Furthermore, it is important that board members elected by the employees attach great importance to whether their companies are run responsibly. The same applies to board members from the union movement in, for example, pension funds.

FH finds that statutory due diligence should be incorporated into future trade agreements. This would be an important tool with a view to ensuring that companies take on a greater responsibility for their entire supply chain.

Statutory due diligence must be based on the UN Guiding Principles on Business and Human Rights and the OECD’s guidelines for multinational companies and adapted in such a way that it gives companies positive incentives to take on more social responsibility. This must not just be a bureaucratic exercise. It must result in common ground rules which will, in the long run, benefit the competitiveness of companies.

7. Digital trade

FH finds that greater focus should be placed on the opportunities of Danish businesses for increasing digital trade.

FH believes that it is vital that the EU’s approach to digital trade is based on the free exchange of data while respecting the protection of personal data. It is crucial to develop tools that create knowledge and information on the possible consequences of increased digital trade in this area.

Digital trade holds great potential for European companies, however it is important that digital trade is not at the expense of the regard for citizens, workers and consumers as increased digital trade can also lead to more surveillance of citizens, workers and consumers, and the EU must focus on stemming any negative consequences of digital trade.

8. ILO

FH finds that the references to ILO conventions should be extended. There should not only be references to the ILO Core Conventions but also to up-to-date standards, including conventions on labour inspections and health and safety at work.

FH finds that future bilateral trade agreements should contain clear recommendations on the establishment of social dialogue and the right to collective bargaining at all levels in order to ensure greater influence for workers and unions.

9. Protection of public services against trade liberalisation

FH finds that the pandemic has underlined the importance of proper functioning public services. The trade agreements must clearly establish the right of member states to regulate the relationship between public and private services and ensure that the agreements do not impose requirements to liberalise public services, for example in areas such as education and health. In other words, it must be ensured that the public sector, including public administration, the utility sector, daycare institutions, the social-, education and health areas are protected against trade liberalisation.

1. Globalisation needs an overhaul

Globalisation needs and overhaul with the key focus on sustainability.

Business models that are exclusively based on short-term goals of maximizing profits are a thing of the past.

If the UN Global Goals are to be achieved, the business models of the future must contribute to creating sustainable societies and to reduce inequality, both when it comes to climate change, human rights and trade union rights.

The establishment of common ground rules for global competition is important to FH. Among other things, this is the case for climate change. FH finds that the introduction of the Carbon Border Adjustment Mechanism represents an important tool for countering unfair trading practises.

Globalisation creates both winners and losers and the time has come to take the necessary steps towards creating many more winners and reducing inequality. This requires a strengthening of the respect for fundamental rights.

We find ourselves in a time of numerous trade disputes and clear indicators of major challenges facing rules-based international trade.

The rules-based framework for international trade is an advantage for Denmark. A considerable part of this framework falls under the World Trade Organisation (WTO). However, the fact that the US has blocked the appointment of new judges to the WTO Appellate Body is a critical element in invalidating the WTO.

It is not just the WTO that has felt the shift in American policy. Since Donald Trump was inaugurated as President in 2017, the US has withdrawn from the Paris Agreement and has suspended its funding for the World Health Organisation (WHO).  

There is a need for strengthening the multilateral system, and the EU has the best preconditions for taking on the responsibility for recreating trust in international cooperation and for insisting that only through international institutions can we create the basis for a new social contract which contributes to greater equality, whereby both states and businesses take on a greater responsibility and where the trade union movement is involved through social dialogue on all levels.

FH’s recommendations

FH believes that the EU should conclude more trade agreements that can contribute to strengthening workers’ rights. The agreements are important to Denmark being a small, open economy. Danish exports constitute 50 percent of total GDP and are the foundation for more than 800,000 workplaces.

FH therefore engages constructively in the efforts to ensure more trade agreements and considers the specific content of each trade agreement from an overall perspective.

FH supports an urgent reform of the WTO and it is crucial that such a review focuses on the WTO’s mandate. The WTO must take on a greater role when it comes to contributing to a sustainable development and achieving the UN Global Goals.

The WTO must ensure that the regard for both workers’ rights, the environment and climate change is incorporated into the negotiations on future trade agreements. And it is necessary for the WTO and the ILO to work closely together in future.

2. Sustainability

To the trade union movement there have, traditionally, been two key interests associated with international trade. One is its significance to employment in Denmark. The other is promoting workers’ rights in the countries Danish companies trade with.

At the same time, the aim is to protect the high Danish standards.

The fight against climate change has a growing significance to the trade union movement and climate change must also be addressed very clearly in trade policy. Trade policy must significantly contribute to a green globalisation.

In 2011, the EU and Korea concluded a trade agreement which has since been described as the first in a new generation of trade agreements. The crucial new element was that the agreement contained so-called sustainable development chapters where the EU and Korea commit to high standards in the areas of workers’ rights and environmental issues.

Since then, the EU has concluded a long line of bilateral agreements. This includes both industrialised countries such as Canada, Singapore and Japan and developing countries such as Colombia, Peru, Ecuador and Vietnam. Many more agreements are underway – not least an agreement with Great Britain after Brexit.

Even though there have been continuous improvements to the sustainable development chapters it has turned out, however, that the enforcement element is far from adequate. In the case of Korea, it was only following pressure from the European Parliament in 2018 that the European Commission took the initiative of appointing a panel of experts to examine the ongoing violations of workers’ rights in Korea. We still do not know the outcome of the work of the panel of experts.

The lack of efficiency in enforcement undermines fair competition and, above all, the trade agreements fail to provide the improvements in living and working conditions that the populations were promised.

Box 1. Excerpts from sustainable development clauses – the CETA agreement between the EU and Canada

The agreement contains targeted chapters on trade-related labour and environmental issues. When the agreement was concluded, Canada had not yet ratified ILO Convention no. 98 on collective bargaining.

When it comes to the labour market, the EU and Canada commit to improving their legislation and policy with a view to ensuring a high level of protection for workers. The agreement commits the parties not to relax their protection levels (in order to gain a competitive advantage when it comes to trade or investments).

The parties are also committed to enforce their employment laws, among other things through their labour inspectorates.

Sustainability is based on a mutual understanding that trading relationships are not just about the exchange of goods and services but are also about the people and the environment involved in the production and distribution of goods.

The EU’s requirements for trading partners to observe international standards including, not least, the ILO conventions is not an expression of European protectionism but rather a specific contribution to supporting workers in the countries with which businesses in EU member states trade. None the less, the EU can easily be perceived as being more interested in protecting its own interests.

Throughout the years, there has been a lot of criticism of the fact that the agreed rules have been insufficiently implemented and that the possibilities of enforcing them are much remote.

The lessons learned from the collapse of the Rana Plaza garment factory in Bangladesh in 2013 show that it is necessary to be specific and call for both legislation and sufficiently efficient institutions, including labour inspection and construction supervision.

The necessity of increasing focus on the implementation of agreements is due to the growing number of violations of workers’ rights. During the past few years, a steady worsening of workers’ rights has taken place globally. This can be seen from the annual “Global Rights Index” which is published by the International Trade Union Confederation (ITUC).[2]

Most recently, with the conclusion of the trade agreement with Vietnam, the EU has contributed specifically to a review of its labour market legislation and the country has started a ratification of fundamental ILO conventions that aim to secure the right to organise and the right to collective bargaining.

FH’s recommendations

FH finds that it is necessary to focus more on better enforcement of the existing sustainable development chapters on workers’ rights in in the trade agreements in order to create a fairer globalisation.

FH finds that, in the European Commission’s negotiations on future trade agreements, it should set requirements to meet international standards on workers’ rights and environmental standards as conditions for the agreement. The requirements must be matched by pledges to provide market access, aid and technical expertise. This could, among other things, be in the form of development aid to increase the capacity of the country in question in order to fulfil the agreement. This could be in form of training and education or through assistance to institutions such as well-functioning labour inspectorates.

3. Better implementation and enforcement

It must be possible to enforce workers’ rights more efficiently in order to have a real impact on workers in the countries that the EU trades with. This requires better implementation.

Already during the negotiations between the EU and the country in question, a thorough analysis of the areas in which the country fails to meet the sustainable development chapters must be carried out.

This analysis must lead to a more efficient and targeted implementation which also includes a realistic timetable for when the outstanding areas must be addressed. In order to implement a more efficient implementation, it will also be necessary to identify the need for support and aid in the process.

It is therefore important to establish a process that involves a gradual implementation where duties are reduced as the different clauses are implemented. In practise, this means that the EU must set a number of requirements that must be met before an agreement can be ratified and come into force. This can, among other things, be requirements that are linked to the ratification of the ILO Core Conventions or requirements to improve the national implementation and national enforcement instruments.

Today, we know this “quid pro quo” principle from the terms and conditions that the EU uses with developing countries. They can obtain duty-free and quota-free access to the EU’s internal market for selected products on condition that they observe the ILO Core Conventions, among others. Recently, Cambodia lost this access due to repeated human rights violations.

It must also be possible to include similar mechanisms in bilateral trade agreements.

The Commission has expressed doubts as to whether it would be possible to obtain acceptance of a gradual implementation during negotiations.

However, this should not be impossible since all ILO member states are obliged to observe the Declaration of 1998 on Fundamental Principles and Rights at Work, regardless of whether or not they have ratified the eight Core Conventions.

It could therefore also be argued that any violation of fundamental rights, such as the right to organise and the right to collective bargaining, constitute unfair trading practises.

If favourable market conditions can be restricted because of failure to observe agreements on the improvement of workers’ rights, this could be a strong incentive to take the clauses on workers’ rights far more seriously.

With the establishment of a new function in the European Commission, a “Chief Trade Enforcement Officer” (CTEO), the ground is prepared for a strengthened implementation and enforcement of trade agreements.

We see this as an important step on the road to ensuring a more efficient implementation and enforcement of the bilateral trade agreements.

The sustainable development chapters are binding on the parties and contain an appeals procedure and a dispute settlement system whereby formal consultations can be launched and a panel of experts can be established with a view to preparing a number of recommendations to be implemented. With a new function such as the CTEO, we expect that the Commission will be more willing to use these instruments in future.

We also expect that this new function will have a significant role when it comes to bringing proceedings regarding trade disputes before the temporary tribunal which is established by the EU and 20 other countries. The tribunal is a substitute for the WTO’s Appellate Body which is no longer operational because the US has blocked the appointment of its judges.

We also see the new function as important in relation to other forms of unfair trading practises such as unfair rules on state aid.

FH’s recommendations

FH finds that there is a need to strengthen the enforcement of the sustainable development chapters of the trade agreements and that a gradual implementation of trade preferences (lower customs duties for example) as ILO conventions are implemented would be a strong incentive. It is a precondition that it is a process where, during the negotiation between the EU and a future trading partner, a common understanding is developed of where improvements are needed.

FH finds that, in cases of violations of ILO conventions, financial incentives must be used to strengthen conditions for workers. Furthermore, there is a need for assessing the procedure for dealing with enforcement, complaints and dispute settlement in order to strengthen the influence of the social partners.

FH finds that the EU must become better at applying the agreed procedures in case of violations of the sustainable development clauses. It is unclear whether it is mandatory to observe the recommendations from the group of experts and, therefore, the EU must eliminate doubts about the consequences of not observing the experts’ recommendations.

4. A safeguard against social dumping

It is important to prevent the possibilities of social dumping resulting from international trade.

Workers from third countries must have the same rights regarding pay and working conditions as workers in the EU member states where they work. An open trade policy must not be a path to social dumping.

It is crucial that the trade agreements are not used as a lever for exploiting cheap labour.

FH’s recommendations

FH finds that a clear and unequivocal wording should be entered that defines how member states, by way of national legislation and collective agreements, can ensure equal treatment of workers from third countries as well as how trade liberalisation should be shaped in order to avoid discrimination.

Equal rights and equal conditions must be ensured for migrants. This will entail better control with illegal migration and trafficking.

5. The social partners must be more closely involved

There is a need for greater involvement of the social partners and the civil society in the future trade policy.

The European Commission holds ongoing dialogues with the civil society both before, during and after the conclusion of the trade agreements. This provides a good opportunity to follow the process and to present input along the way.

However, more should be done to involve the social partners and the rest of the civil society and ensure a better coherence in the EU’s trade and development policy.

The current mechanisms that include the establishment of advisory forums (DAG – Domestic Advisory Group) consist of representatives of employers, workers and the remaining civil society organisations. The DAGs are tasked with monitoring the implementation of the sustainable development chapters, for example whether any outstanding ILO conventions are ratified. However, more resources and attention from the part of the European Commission are needed if the work of the DAGs is to become more effective.

It is also necessary that the DAGs are not only tasked with observing the implementation of the sustainable development chapters but that they can also monitor the implementation of the entire trade agreement.

The European Commission has previously stated its intention to take steps to support the DAG and to strengthen the cooperation between the civil society and the appointed TSD-committees (Trade and Sustainable Development).

The current system of observing and monitoring the development is far from adequate. There is a need for considerable improvements that can improve the visibility and spread of information on the progress of the development.

A strengthening of the involvement of the social partners and the remaining civil society in monitoring the implementation of the trade agreements would be an important element in ensuring that the goals that have been set in order to improve workers’ rights or environmental standards are met. The same can be done when it comes to assessing whether the trade agreements live up to the expected improvements in living conditions and employment.

Among other things, this can be achieved if the European Commission establishes a more construction cooperation between the DAG, the Commission’s Chief Trade Enforcement Officer and the Expert Group on Trade and Sustainable Development from the member states.

Establishing a dialogue between the DAG representatives in the EU and partner countries with weak structures can be particularly challenging. The way in which the representatives of the civil society have been appointed, in particular, can be called into question. The European Commission should have more focus on this in future.

FH’s recommendations

FH finds that the social partners and the civil society constitutes a considerable part of the monitoring through the established advisory forums (Domestic Advisory Group). But in order for it to be more effective, considerable resources must be added – not least in light of the growing number of trade agreement concluded by the EU – and a strengthened involvement can be achieved, among other things, if the European Commission establishes a more structured cooperation between the DAG, the European Commission’s Chief Trade Enforcement Officer and the Expert Group on Trade and Sustainable Development from the member states.

FH finds that the EU’s development policy should give priority to providing funds to support capacity building in the civil society in the countries with which the EU concludes trade agreements in order to play this role. This will allow them to become better at holding their governments responsible for the sustainable development chapters that they have signed.

6. Businesses must take on a greater responsibility

Globalisation has developed a system of rather complex supply chains. This requires businesses to take on a responsibility for their supply chains so that they know about conditions in their subsidiaries and sub-contractors – both when it comes to human rights, workers’ rights, environmental conditions and climate effects.

The responsibility for using the trade policy as a tool to meet the UN’s Global Goals lies both with international organisations and national governments. However, it is also a responsibility which the corporate sector, investors and businesses must take on.

This will require the strengthening of a business model that is sustainable and responsible, both when it comes to workers’ rights, environment, climate and tax practises. There is a need for companies to not only meet the shareholders’ requirements for quick dividends but also to take on a greater social responsibility. This will have a positive impact on the long-term investments of companies. FH therefore also supports EU level initiatives to strengthen the rules on due diligence in the environmental and human rights’ area. 

The legislation must be based on the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises.

Due diligence entails that businesses must prevent that their activities violate human rights. They be required to ensure the necessary information on possible risks and take steps to prevent harm. And if they fail, they must provide access for victims to remedies.

There are already a number of European countries that have made the rules on due diligence mandatory.

The European Commission has launched a process which is to lead to a directive in 2021. The initiative is supported by the Responsible Business Conduct Working Group.

Concurrently, negotiations are taking place under the auspices of the UN Human Rights Council on a new treaty in this area.

In addition to providing victims of human rights’ violations access to effective remedies, it must also counter unfair competition. This would benefit the businesses that are already doing well or that want to strengthen their efforts in this area.

FH’s recommendations

FH finds that, through trade policy and the EU’s work with due diligence, a business model that is sustainable and responsible should be promoted, both when it comes to workers’ rights and the environment and climate impact.

Furthermore, it is important that board members elected by the employees attach great importance to whether their companies are run responsibly. The same applies to board members from the union movement in, for example, pension companies.

FH finds that statutory due diligence should be incorporated into future trade agreements This would be an important tool with a view to ensuring that companies take on a greater responsibility for their entire supply chain.

Statutory due diligence must be based on the UN Guiding Principles on Business and Human Rights and the OECD’s guidelines for multinational company and adapted in such a way that it gives companies positive incentives to take on more social responsibility. This must not just be a bureaucratic exercise. It must result in common ground rules which will, in the long run, benefit the competitiveness of companies.

7. Digital trade

There is a specific aspect of the trade policy of the future which is connected to the rising important of digital trade. Increased digitization is of great importance to both national security and the protection of personal data.

Danish businesses have a great potential for increasing digital trade and it is an area that deserves special attention.

At the same time, increased digital trade have a major impact on the world of work and society in general.

Digital trade will be a part of the digital transformation of society. Due to the cross-border nature of digital trade, there are a number of areas in which digital trade creates challenges that must be addressed.

Digital trade has created a number of challenges for platform workers, among other things when it comes to the demarcation between being an employee and being self-employed.

Digital trade also blurs the lines between being a consumer and a supplier in connection with the exchange of behavioural data.

It is therefore crucial to create a framework for digital trade that strengthens union rights and protects working conditions for employees.

FH’s recommendations

FH finds that greater focus should be placed on the opportunities of Danish businesses for increasing digital trade.

FH finds that it is vital that the EU’s approach to digital trade is based on the free exchange of data while respecting the protection of personal data.  It is crucial to develop tools that create knowledge and information on the possible consequences of increased digital trade in this area.

Digital trade holds great potential for European businesses. However, it is important that digital trade is not at the expense of the regard for citizens, workers and consumers. Increased digital trade can also lead to more surveillance of citizens, workers and consumers. The EU must focus on stemming the negative consequences of digital trade.

8. ILO

For more than 100 years, the UN’s International Labour Organisation, ILO, has developed global standards for the labour market in the form of conventions, recommendations, declarations and opinions.

When the EU formulates the promotion of workers’ rights, this is often with reference to the eight ILO Core Conventions:

  • Convention no. 29 on forced labour
  • Convention no. 87 on the right to organise
  • Convention no. 98 on the right to collective bargaining
  • Convention no. 100 on equal pay
  • Convention no. 105 on the abolition of forced labour
  • Convention no. 111 on discrimination
  • Convention no. 138 on a minimum age (child labour)
  • Convention no. 182 on the worst forms of child labour.

FH’s recommendations

FH finds that the references to ILO conventions should be extended. There should not only be references to the ILO Core Conventions but also to up-to-date standards, including conventions on labour inspections and health and safety at work.

FH finds that future bilateral trade agreements should contain clear recommendations on the establishment of social dialogue and the right to collective bargaining at all levels in order to ensure greater influence for workers and unions.

9. Protection of public services against trade liberalisation

Trade in services constitutes a growing share of total world trade.

It also has great significance on the contents of the EU’s bilateral trade agreements.

It has been important to the trade union movement to ensure a delimitation of the types of services that are included in the trade agreements in order to protect public services from becoming marketised and thereby, potentially, privatised.

The COVID-19 crisis has highlighted the significance of well-functioning public services and the importance of a strong cooperation between the public and private sectors.

FH’s recommendations

FH finds that the pandemic has underlined the importance of proper functioning public services. The trade agreements must clearly establish the right of the member states to regulate the relationship between public and private services and ensure that the agreements do not impose requirements to liberalise public services, for example in areas such as education and health. In other words, it must be ensured that the public sector, including public administration, the utility sector, daycare institutions and the social, education and


[1] https://ec.europa.eu/commission/presscorner/detail/en/ip_20_1058

[2] ITUC. https://www.ituc-csi.org/ituc-global-rights-index-2020?lang=en