Member States prior agreements and newly EU attributed competence: what lesson from foreign investment

Presentation by Luca Pantaleo, Senior Researcher (Post-doc) at the University of Luxembourg.

Member States prior agreements and newly EU attributed competence: what lesson from foreign investment

Among the many changes introduced by the Treaty of Lisbon, one of the most significant ones is the conferral of a new exclusive competence upon the EU concerning foreign investment, as part of the common commercial policy. The exercise of such competence has given rise to several controversial issues, in particular as regards the status and the future of Member States Bilateral Investment Treaties (BITs) concluded before the attribution of this new competence to the EU. This paper, as part of the author’s broader research project concerning EU investment agreements, considers whether Member States BITs can be safeguarded by an application by analogy of Article 351 TFEU, in the same manner as pre-accession agreements. The analysis will include but extend beyond Regulation no. 1219/2012, which attempts to provide for a sound legal regime of a transitory period only.

Please note this paper is forthcoming and thus has limited distribution. Do not cite without permission from the Author.


If you are interested in reading the full paper, please send an email to Mona Østvang Ådum, m.o.adum@jus.uio.no.
 

 

Coffee, tea and fresh fruit will be served.


You may bring your lunch packet!

Published Dec. 20, 2013 2:15 PM - Last modified Dec. 20, 2013 2:23 PM