EU 반덤핑조치의 발동요건에 관한 고찰

The formation of EU itself is the process to conciliate and adjust the entire Community member`s interests. Article 21 of the Basic Regulation provides the legal basis for the application of a public interest test both in terms of procedural requirements and substantive cirteria. Community Interest in the EU anti dumping law is core provision ballancing various interest s between the EU and the other countires which arise in the international trade and amomg the Community actors. And tl1 Community interest test is the clause which European Constitutionanal spirit is melted in. which only the European Community as a complexity of various different interests can have. Among the WTO-plus characterizations of the EU anti-dumping law, the implementation of a public interest test, namely the Community interest test in anti dumping law is considered to be one of the most important features of the EU system. This test makes the EU the only WTO Member that consistently applies the public interest test in an systematic way and has considerably restricted the use of anti dumping measures in order to balance the interests of various economic actors. The Community Institutions does not quantify the interest of each economic factor in the process of weighting different interests due to methodological difficulties. Hence these interests are not weighed against each other in a mathematical equation and the assessment of Community interest is not a cost-benefit analysis in the strict sense. So the Community Institutions enjoy a large degree of discretion to conduct a qualitative appreciation instead of a quantitative analysis. The Community Institutions (the Commission and the Council) have been implementing this constitutional spirit, namely Community interest cluse unfairly to secure the community industries` interest. The Community`s value and object are impaired by Community`s own Institutions through the Community Institutions` acts without due considerations for other economic actors, that is to say users, consumers, retailers and so on. It is simple to solve this Community Institutions` abuse of discretion. It is to establish the clearer criteria. So if does, the Community Institution`s abuse of discretion is minimized through this clearer criteria.