In Search of a Role for the Member States and the EU to Establish an Investment Screening Mechanism

Investments in enterprises, which are relevant for public security and services, are an important source of growth, jobs and innovations. But such investments can be detrimental to the security of supply for the community members – for example, when a state owned enterprise, which is located in a third state, gets control over the only electricity station in a Member State.

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Access to Legal Redress in an EU Investment Screening Mechanism

The proposal for a regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments into the European Union (Draft Proposal) presupposes (some would even say: proposes) investment screening and control mechanisms (ISCMs) at member state level. Approaching ISCMs from the angle of legal redress raises three questions: […]

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Investment Screening in the Defence Industry – News from the Bermuda Triangle of EU Law

The national investment screening mechanisms for the defence and security sector are the Doyen of the existing screening mechanisms, and their bases in EU secondary and primary law are not so hidden. The discrimination of investors on grounds of nationality have some specific bases in topical EU Regulations or Directives, but most importantly in the […]

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