Publication details

The european commission's attempts to dismantle european internal network of bilateral investment treaties: from amicus curiae to infringement proceedings


ŠVEC Martin

Type Article in Proceedings
Conference COFOLA INTERNATIONAL 2017: Resolution of International Disputes Conference
MU Faculty or unit

Faculty of Law

Web Open access sborníku
Keywords EU Law; Investment Law; BITs; Infringement Proceedings; Amicus Curiae; Court of Justice; International Investment Agreements; Vienna Convention; Termination of International Treaty
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Description The European Commission believes that intra-EU BITs are not necessary, since the EU single market rules, in particular freedom of establishment and free movement of capital, already provide solid legal framework for cross-border European investments. Moreover, intra-EU BITs violate principle of non-discrimination, since additional investment protection is provided only to investors whose states concluded international investment agreements. Although the Commission has intervened via amicus curiae in numerous investment proceedings, tribunals have always found that they held jurisdiction over disputes and applied relevant BID. Since the European Commission cannot change the legal status of concluded international agreements, it has triggered Article 258 of the TFEU. This paper seeks to analyse various legal tools at disposal of the European Commission to dismantle European internal network of BITs. Special attention is given to the infringement proceeding launched by the Commission against 5 EU Member States in 2015.
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