The Lisbon Treaty empowered competence of the EU in the area of FDI. One of the main reasons to have single investment policy by the EU is that the EU has the better negotiation position for the future agreements in the field of FDI. The paper analyzes the impact of the FDI to the EU economy, reasons for introducing the new EU investment policy, scope of the new EU investment competence.
Foreign Direct Investment, Lisbon Treaty, competence, investment policy
Bungenberg, M., Going Global? The EU Common Commercial Policy After Lisbon, European
Yearbook of International Economic Law, 2010.
Blomstrom M., Kokko, A., Multinational Corporations and Spillovers, Journal of Economic Survey, 1998.
Foster, N., EU law, (Oxford University Press, 2010).
Hindelang, S., Maydell, N., The EU’s Common Investment Policy-Connecting the Dots, European Yearbook of International Economic Law, 2011.
Krajewski, M., External Trade Law and the Constitution Treaty: Toward a Federal and more Democratic Common Commercial Policy?, Common Market Law Review, 2005.
McGuire, S., Smith, M., The European Union and the United States-Competition and Convergence in Global Arena, Basingstoke [England] Palgrave Macmillan, 2008.
Navaretti, B., Castellani, G. D., Anna-Celia, D., How Does Investing in Cheap Labour Countries Affect Performance at Home? France and Italy, Oxford Economic Papers, 2009. Reinisch, A., The Division of Powers Between the EU and Its Member States “After Lisbon”, European Yearbook of International Economic Law, 2011.
Sunesen, E. R., Jespersen, S. T., Martin, H., Impacts of EU outward FDI, Copenhagen Economics, 2010.
Sornarajah, M., The International Law On Foreign Investment, Cambridge University Press, 2010.
The Treaty on Functioning of the European Union The Treaty of the European Union
The ICSID Convention
European Commission “Proposal for a Regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries”, COM (2010)344 final, 2010/0197 (COD), Brussels, 7.7.2010.
Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions, Towards a comprehensive European international investment policy, COM(2010)343 final, Brussels, 7.7.2010.
OECD Declaration on International Investment and Multinational Enterprises, adopted in 1976 by the Governments of the OECD Member countries
Council Directive 88/361/EEC of June 1988 for the implementation of Article 67 of the Treaty, OJ 1988 L 178/5
EU Commission, Note for the Attention of the 133 Committee, Upgrading the EU Investment Policy, Second paragraph, MD: 268/06 Brussels, 30 May 2006
European Commission, Draft Articles concerning external action in the Constitutional Treaty, CONV 685/03, 23 April 2003
ECJ, Commission/Netherlands, (26.09.2008)
“Impact of EU Outward FDI on the EU Economy – Executive summary”, http://trade.ec.europa.eu/doclib/html/146273.htm