| 1. |
- Hindelang, Steffen, et al.
(författare)
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A Complex Setting of Cooperation and (Potential) Conflict : Regulation (EU) 2019/452 in a Doctrinal Perspective
- 2020
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Ingår i: YSEC Yearbook of Socio-Economic Constitutions 2020. - Cham : Springer.
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This Chapter provides a doctrinal perspective on the EU Screening Regulation. It seeks to present, clarify, and assess the very rules contained therein. Following a sketch of the way in which the rules are organised in the Regulation, the chapter discusses in more detail the rules which are directed at the establishment of ￜa framework for the screening by Member States of foreign direct investments into the Union on the grounds of security or public orderￜ. It continues by critically assessing the rules which create the ￜmechanism for cooperation between Member States, and between Member States and the Commission, with regard to foreign direct investments likely to affect security or public orderￜ. The chapter closes with a brief summary and outlook.
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| 2. |
- Hindelang, S., et al.
(författare)
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The art of casting political dissent in law: The EU’S framework for the screening of foreign direct investment
- 2020
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Ingår i: Common Market Law Review. - 0165-0750. ; 57:5, s. 1427-1460
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Tidskriftsartikel (refereegranskat)abstract
- This paper describes and analyses the EU Regulation establishing a framework for the screening of foreign direct investments (FDI) into the Union. The negotiations that preceded the adoption of the Regulation were characterized by greatly divergent views of Member States on the proper use of FDI screening. Under such conditions, the Regulation's framework for administrative cooperation and information sharing was as much as the Commission could hope for. The main challenge going forward lies in balancing the policy priorities of individual Member States in determining what constitutes a threat to security and public order, with the needs of the collective, that is the EU. In that respect, the indicative criteria set out in the Regulation may initiate a drive towards a rough consensus. While any ambition to fully harmonize FDI screening has now become only a long-term goal, this paper finds that the Regulation has established a nascent EU screening mechanism, albeit a well-camouflaged one.
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| 3. |
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| 4. |
- Moberg, Andreas, 1975, et al.
(författare)
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Towards a “Common European Law on Investment Screening (CELIS)”
- 2020
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Ingår i: YSEC Yearbook of Socio-Economic Constitutions 2020: A Common European Law on Investment Screening (CELIS). Hindelang, S. & Moberg, A. (eds.). Springer. - Cham : Springer. - 2662-7124. - 9783030437565
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 5. |
- Moberg, Andreas, 1975
(författare)
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When the Return of the Nation-State Undermines the Rule of Law: Poland, the EU, and Article 7 TEU
- 2020
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Ingår i: The European Union and the Return of the Nation State. Interdisciplinary European Studies. Bakardjieva Engelbrekt, A. et al. (Eds).. - Cham : Palgrave Macmillan. - 9783030350048 ; , s. 59-82
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This chapter presents a critical perspective on the EU’s ambition, legal framework, and practice regarding the protection of the rule of law in the member states. Over the past four years, the Polish judiciary has undergone a significant transformation. The changes enacted have been described both as a necessary process of lustration and a serious breach of the rule of law—all depending on one’s own perspective. In what arguably has been the most serious threat to the rule of law in the history of the EU, the European Commission and the Council struggle to cooperate effectively. The chapter seeks to analyse the causes of the Council’s paralysis as well as the Commission’s actions and eventually explain where the necessary changes need to be introduced in order to make the EU’s protection of the rule of law more effective.
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| 6. |
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