The Role of the Court of Justice of the European Union in the Emerging EU Investment Policy

The Role of the Court of Justice of the European Union in the Emerging EU Investment Policy The transfer of an exclusive competence for “foreign direct investment” to the European Union ( eu ) in the Lisbon Treaty (2009) has raised numerous legal questions and has tasked the eu institutions with developing a policy field almost entirely new to them. One of the matters that requires thorough consideration is the role the Court of Justice of the European Union ( cjeu ) will enjoy with regard to this new policy, which role it may be given in investment agreements of the eu or to what extent its role may legally be excluded or diminished by iia s. The policy documents published so far as well as leaked text of envisaged investment chapters of future eu trade and investment agreements disregard this matter entirely. Nevertheless, the cjeu will play a role on the basis of the provisions of the eu Treaties and it is largely for the Court itself to determine that role. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

The Role of the Court of Justice of the European Union in the Emerging EU Investment Policy

Journal of World Investment and Trade, Volume 15 (3-4): 570 – Jul 28, 2014

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Publisher
Brill
Copyright
© 2014 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/22119000-01504011
Publisher site
See Article on Publisher Site

Abstract

The transfer of an exclusive competence for “foreign direct investment” to the European Union ( eu ) in the Lisbon Treaty (2009) has raised numerous legal questions and has tasked the eu institutions with developing a policy field almost entirely new to them. One of the matters that requires thorough consideration is the role the Court of Justice of the European Union ( cjeu ) will enjoy with regard to this new policy, which role it may be given in investment agreements of the eu or to what extent its role may legally be excluded or diminished by iia s. The policy documents published so far as well as leaked text of envisaged investment chapters of future eu trade and investment agreements disregard this matter entirely. Nevertheless, the cjeu will play a role on the basis of the provisions of the eu Treaties and it is largely for the Court itself to determine that role.

Journal

Journal of World Investment and TradeBrill

Published: Jul 28, 2014

Keywords: European Union; foreign investment competence; Court of Justice of the European Union; direct effect of trade and investment agreements; autonomy of European Union law

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