Investment in the European Union: Competences, Structures, Responsibility and Policy

• Autores: Christoph Herrmann, Mareike Hoffman
• Localización: Handbook of International Investment Law and Policy / Julien Chaisse (aut.), Leïla Choukroune (aut.), Sufian Jusoh (aut.), 2021, ISBN 9811336148, págs. 2213-2261
• Idioma: inglés
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• Resumen

  • This chapter explains the current state of the EU investment policy, most notably its structure, the division of competences between the Union and its Member States, and the substance of the EU’s investment policy. To reach this aim, the second section covers the internal market dimension of investment protection and concentrates on investment agreements as distortions of the internal market. The third and fourth sections encompass the division of competence regarding investments. While the third section focuses on intra-EU investment treaties and their continued validity, the fourth section illuminates the development and substantive limits of the EU competence for FDI regulation. Having laid the foundation, the fifth section examines the substantive development of the EU’s investment policy since 2009. Thereby, the analysis is not limited to the policy orientation of the EU but also focuses on the competencies and autonomy of the EU legal order as underlying shaping factors. In addition, this contribution evaluates the practical implications of the EU’s policy orientation regarding the financial responsibility of the EU, the dispute settlement mechanism, and investment screening.