Conclusion and Content of EU International Investment Agreements

University Press Scholarship Online You are looking at 1-16 of 16 items for: keywords : future laweu Brexit and the Future of the European Union Federico Fabbrini Published in print: 2020 Published Online: Publisher: Oxford University Press January 2021 DOI: 10.1093/oso/9780198871262.001.0001 ISBN: 9780198871262 eISBN: 9780191914263 Item type: book This book examines how the European Union has changed during Brexit and because of Brexit, while also reflecting on the developments of the EU besides Brexit and beyond Brexit. It argues that the withdrawal of the United Kingdom from the EU—the first ever case of disintegration since the start of the European integration process—creates an urgent need to reform the EU. In fact, while the EU institutions and its Member States have remained united in their negotiations vis-à-vis the UK, Brexit has created transitional problems for the EU, and exposed other serious fissures in its system of governance which need to be addressed moving forward. As the EU goes through another major crisis in the form of the response to the Covid-19 pandemic, the case for increasing the effectiveness and the legitimacy of the EU grows stronger. In this context, the book analyses the plan to establish a Conference on the Future of Europe, considering its precedents and discussing its prospects. Conclusion and Content of EU International Investment Agreements Angelos Dimopoulos in EU Foreign Investment Law Published in print: 2011 Published Online: Publisher: Oxford University Press January 2012 DOI: 10.1093/ ISBN: 9780199698608 eISBN: 9780191732140 acprof:oso/9780199698608.003.0004 Item type: chapter Chapter 3 is dedicated to the exercise of EU competence in practice. The first part provides a depiction of the internal procedures for the conclusion of an International Investment Agreement (IIA) by the EU. The second and more important part of Chapter 3 discusses the content of EU IIAs, identifying and analyzing their substantive provisions with regard to each aspect of foreign investment. It concentrates on the innovations Page 1 of 9 date: 04 December 2021 that existing and future EU IIAs have brought and intend to bring to international investment law in comparison to Bilateral Investment Treaties concluded by Member States and other countries, highlighting the differences and novelties of EU IIAs in terms of their content. Conclusions Angelos Dimopoulos in EU Foreign Investment Law Published in print: 2011 Published Online: Publisher: Oxford University Press January 2012 DOI: 10.1093/ ISBN: 9780199698608 eISBN: 9780191732140 acprof:oso/9780199698608.003.0008 Item type: chapter The most pertinent findings of this book are drawn together with a view to providing some final observations on the role of the EU as an international actor in the field of international law and regulation of foreign investment. Based on the developments of primary EU law and international investment law, this chapter provides forward-looking projections for building a comprehensive EU foreign investment policy in the future. Moreover, it discusses whether a comprehensive EU foreign investment policy would serve better the regulatory interests of the EU, Member States and third countries as capital importing and capital exporting countries and finally foreign investors. Conclusion Federico Fabbrini in Brexit and the Future of the European Union: The Case for Constitutional Reforms Published in print: 2020 Published Online: Publisher: Oxford University Press January 2021 DOI: 10.1093/oso/9780198871262.003.0007 ISBN: 9780198871262 eISBN: 9780191914263 Item type: chapter This concluding chapter explores the connections between Brexit and EU reforms. The case for reforming the EU is not new. In recent years, multiple national and supranational leaders have put forward proposals to overhaul the EU and make it fit for the new challenges it faces. Moreover, think tanks, public intellectuals, and academic scholars have increasingly been reflecting on the future of Europe and suggesting plans ahead. This book joins this lively debate, but seeks to go beyond it by contributing with ideas on how to move the EU forward, post-Covid-19. In particular, as the launch of the Conference on the Future of Europe approaches, this book not only supports this effort, claiming that this is Page 2 of 9 date: 04 December 2021 an indispensable step following the UK’s withdrawal from the EU. It also provides insights for policy-makers involved in the process, especially suggesting that a Political Compact for a more democratic and effective union can represent the avenue to relaunch the project of integration and renew Europe’s future. The EU beyond Brexit Federico Fabbrini in Brexit and the Future of the European Union: The Case for Constitutional Reforms Published in print: 2020 Published Online: Publisher: Oxford University Press January 2021 DOI: 10.1093/oso/9780198871262.003.0006 ISBN: 9780198871262 eISBN: 9780191914263 Item type: chapter This chapter looks at the future of the European Union beyond Brexit and analyses the plan, precedents, and prospects for the Conference on the Future of Europe. The establishment of the Conference on the Future of Europe is potentially an innovative model and path-breaking initiative to reform the EU and make it more effective and legitimate, along the lines of prior, out-of-the-box initiatives such as the Conference of Messina and the Convention on the Future of Europe. The Covid-19 pandemic has delayed the start of the Conference on the Future of Europe, but has also increased its urgency. Yet, the chances of success of this initiative are closely connected to the mechanics of treaty reform. As such, the chapter suggests that the Conference should consider channelling its output into a Political Compact, subject to an entry into force rule that do away with the unanimity requirement, as it has been done previously in the field of Economic and Monetary Union (EMU). Clearly, success cannot be taken for granted and there are many difficulties ahead, but the EU is facing a decisive moment. Introduction Federico Fabbrini in Brexit and the Future of the European Union: The Case for Constitutional Reforms Published in print: 2020 Published Online: Publisher: Oxford University Press January 2021 DOI: 10.1093/oso/9780198871262.003.0001 ISBN: 9780198871262 eISBN: 9780191914263 Item type: chapter This introductory chapter provides an overview of how the European Union has been affected by the United Kingdom’s decision to leave, and Page 3 of 9 date: 04 December 2021 what this means for the future of European integration. The departure of a large, rich, and influential Member State must prompt a rethink of the EU constitutional settlement. Immediately after the Brexit referendum, the EU and its Member States started a debate on the future of Europe —and this process is now moving from rhetoric to reality with the institution of the Conference on the Future of Europe. The Conference on the Future of Europe can serve as an innovative means to reform the EU, tackling the transitional issues left by the UK’s withdrawal and addressing the more structural, substantive, and institutional weaknesses dramatically exposed by the plurality of other crises the EU has recently weathered. In fact, the Conference on the Future of Europe is made all the more urgent by Covid-19, and the exigencies of the EU post-pandemic recovery plan, which will entail important adjustments to the EU structure of powers and responsibilities. Ultimately, this book utilizes Brexit as a prism to shed light on the necessity and urgency of constitutional reforms in the EU. Conclusion Kathleen Gutman in The Constitutional Foundations of European Contract Law: A Comparative Analysis Published in print: 2014 Published Online: Publisher: Oxford University Press March 2015 DOI: 10.1093/ ISBN: 9780199698301 eISBN: 9780191748882 acprof:oso/9780199698301.003.0013 Item type: chapter The Conclusion summarizes the central findings of this book (through a three-part framework) and the implications for the future path of the debate about European contract law. In particular, it highlights that, in the present author’s view, the Union has sufficient competence to adopt a European contract law instrument, optional or otherwise, to achieve its internal market competences under Articles 114 and/or 352 TFEU depending on the instrument concerned. It demonstrates the importance of examining the constitutionality of European contract law in toto, since it is the linkages between and within the existence and exercise of Union competence that loom large in this setting. Although Articles 115, 169, and 81 TFU may not play a direct role in serving as a legal basis for a European contract law instrument, their indirect role in drawing further attention to Article 114 TFEU and to a lesser extent Article 352 TFEU are discussed. Page 4 of 9 date: 04 December 2021 From Fiscal Constraints to Fiscal Capacity Federico Fabbrini in Economic Governance in Europe: Comparative Paradoxes and Constitutional Challenges Published in print: 2016 Published Online: April Publisher: Oxford University Press 2016 DOI: 10.1093/ ISBN: 9780198749134 eISBN: 9780191813344 acprof:oso/9780198749134.003.0005 Item type: chapter Chapter 4 makes the case in favor of a fiscal capacity, and argues that the creation of a counter-cyclical fiscal tool at the supranational level to address asymmetry shocks in the EMU could be a way to revert the trend of centralization. The chapter discusses three challenges that raising a fiscal capacity will face and the options available to overcome them. First, in order to succeed, a fiscal capacity must avoid falling prey to the logic of interstate transfers, and rather be based on EU own resources. Second, if the EU is to raise new money, it must address the fact that unanimity is needed to introduce tax legislation. Third, if the EU or the Eurozone moves in the direction of introducing supranational taxation, the question of “no taxation without representation” must be dealt with. From Legislative Sidelining to Legislative Involvement Federico Fabbrini in Economic Governance in Europe: Comparative Paradoxes and Constitutional Challenges Published in print: 2016 Published Online: April Publisher: Oxford University Press 2016 DOI: 10.1093/ ISBN: 9780198749134 eISBN: 9780191813344 acprof:oso/9780198749134.003.0006 Item type: chapter Chapter 5 makes the case in favor of greater legislative involvement in EMU, and argues that making the “Community method” central to the governance of EMU affairs could be a way to reduce the trend of judicialization. The chapter discusses the challenges that restoring the EU legislative process faces and the options available for dealing with them. First, greater legislative involvement in EMU can be assured only if convincing constitutional arguments can be advanced to constrain the states from acting outside EU law, and simultaneously to empower the EU institutions to legislate in EMU. Second, a greater role by the European Parliament in EMU governance requires a re-thinking of the mechanisms through which its members are elected. Third, the working of the Council must be critically reconsidered, since the fragmentation Page 5 of 9 date: 04 December 2021 and the imbalances between its various compositions hampers its ability to act as the upper EU legislative house. From Executive Federalism to Executive Government Federico Fabbrini in Economic Governance in Europe: Comparative Paradoxes and Constitutional Challenges Published in print: 2016 Published Online: April Publisher: Oxford University Press 2016 DOI: 10.1093/ ISBN: 9780198749134 eISBN: 9780191813344 acprof:oso/9780198749134.003.0007 Item type: chapter Chapter 6 makes the case for a new executive government for the EU or the Eurozone, and argues that strengthening the executive power of the President of the European Council (or the President of the Euro Summit in the Eurozone) could be a way to reverse the trend of domination. The chapter discusses the challenges of reforming the EU executive power. First, a reformed presidency must be designed to match the representative deficit afflicting the EU. Second, the presidency should be popularly elected, and appropriate institutional mechanisms ought to be crafted to account for the profound asymmetries in population between the member states. Third, incentives should be conceived to gather the unanimous state support necessary to implement such a constitutional reform in the treaties, thus exploiting the window of opportunity offered by the obligation to domesticate the Fiscal Compact within EU law by 2018. Conclusion Federico Fabbrini in Economic Governance in Europe: Comparative Paradoxes and Constitutional Challenges Published in print: 2016 Published Online: April Publisher: Oxford University Press 2016 DOI: 10.1093/ ISBN: 9780198749134 eISBN: 9780191813344 acprof:oso/9780198749134.003.0008 Item type: chapter The final chapter summarizes the key themes of the book, reviewing the main paradoxical developments identified in part I of the book, and the proposals for legal and institutional reform advanced in Part II of the book to address them. The chapter connects the arguments advanced in the previous chapters of the book, claiming that the European constitutional architecture of economic governance should develop in new directions: raising a fiscal capacity, restoring the centrality of the legislative Page 6 of 9 date: 04 December 2021 process, and reforming the EU executive power. By using the recent example of the breath-taking negotiations for the adoption of a third bailout agreement for Greece, the chapter underlines once again the unsustainability of the EU institutional settlement and calls for steps toward a “more perfect” Economic and Monetary Union. Law, Fact, and Discretion Paul Craig in EU Administrative Law Published in print: 2018 Published Online: Publisher: Oxford University Press March 2021 DOI: 10.1093/oso/9780198831655.003.0017 ISBN: 9780198831655 eISBN: 9780191932311 Item type: chapter The discussion in the earlier chapters revealed the link between procedural and substantive judicial review. This chapter focuses on some central precepts of substantive review. The discussion begins with the meaning accorded to the concepts of law, fact, and discretion in EU law. This will be followed by examination of the test for review for questions of law. The focus then shifts to review of fact and discretion. The test for review and the meaning accorded to it in the early case law will be explicated. This will be followed by examination of the more recent jurisprudence, and it will be seen that the EU Courts have used the tests for review more intensively than hitherto, although there may be some modification of this in some recent case law. The final two sections of this chapter contain broader reflections on the standard of review emerging from the case law in relation to fact and discretion respectively. The European Commission Kees van Duin in The EU Law of Economic and Monetary Union Published in print: 2020 Published Online: Publisher: Oxford University Press March 2021 DOI: 10.1093/oso/9780198793748.003.0022 ISBN: 9780198793748 eISBN: 9780191927867 Item type: chapter The European Commission is one of the key European Union (EU) institutions and has been so ever since the early days of European integration. At the same time, its role and the manner in which it exercises its various functions differ widely between the various EU policy domains. This chapter will zoom in on one such specific policy domain, namely the Economic and Monetary Union (EMU). Notably, since the Treaty of Maastricht in 1992, the European Commission has been Page 7 of 9 date: 04 December 2021 one of the key players in the elaboration of this specific policy field in all its aspects: in the original setting up and further development of EMU, as an instigator of policy developments, and in applying its rules and regulations. At the same time, the exact nature and content of the role that the Commission plays has strongly evolved over the years. Most recently, the financial and economic crisis that erupted in 2007/2008 and its follow up have profoundly affected the policy area of EMU including the role the Commission plays in the EMU framework. Article 38 TFEU André Bouquet, Friedrich Erlbacher, and Alexandre-Xavier-Pierre Lewis in The EU Treaties and the Charter of Fundamental Rights: A Commentary Published in print: 2019 Published Online: Publisher: Oxford University Press March 2021 DOI: 10.1093/oso/9780198759393.003.118 ISBN: 9780198794561 eISBN: 9780191927874 Item type: chapter Article 32 EC The Union shall define and implement a common agriculture and fisheries policy. Open Method of Coordination Paul Craig in EU Administrative Law Published in print: 2018 Published Online: Publisher: Oxford University Press March 2021 DOI: 10.1093/oso/9780198831655.003.0008 ISBN: 9780198831655 eISBN: 9780191932311 Item type: chapter The preceding chapters have dealt with various methods of policy delivery in the EU, including centralized administration, shared administration, Comitology, and agencies. These methods differ, but they all are primarily based on traditional forms of EU law—regulations, directives, and decisions. This chapter deals with a rather different method of policy delivery, the Open Method of Coordination. Article 70 Tasks of the Board Christopher Docksey in The EU General Data Protection Regulation (GDPR): A Commentary Published in print: 2020 Published Online: Publisher: Oxford University Press March 2021 DOI: 10.1093/oso/9780198826491.003.0115 ISBN: 9780198826491 eISBN: 9780191932267 Item type: chapter Page 8 of 9 date: 04 December 2021 Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject) (see too recital 60); Article 42 (Certification) (see too recital 100); Article 43 (Certification bodies); Article 57 (Tasks of supervisory authorities) (see too recitals 123, 129 and 133); Article 58 (Powers of supervisory authorities) (see too recital 129); Article 63 (Consistency mechanism) (see too recital 135); Article 64 (Opinion of the Board) (see too recital 136); Article 65 (Dispute resolution by the Board); Article 66 (Urgency procedure); Article 68 (European Data Protection Board) (see too recital 139); Article 69 (Independence) (see too recital 139). 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