The Scope of the EU Treaty-Making Power on Foreign Investment: Between Wishful Thinking and Pragmatism

2016 ◽  
pp. 86-115
Author(s):  
Luis M. Hinojosa-Martínez
Keyword(s):  
European Union ◽  
Foreign Investment ◽  
Trade Agreement ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Lively Debate ◽  
The Common ◽  
Free Movement Of Capital ◽  
The Eu

Since the Treaty of Lisbon introduced ‘foreign direct investment’ into the provisions on the common commercial policy of the European Union (EU), the scope of that competence has raised a lively debate. Much less attention, however, has been paid to the rules on the free movement of capital in the Treaty on the Functioning of the European Union, although this area is highly relevant to clarify the blurred boundaries of the EU’s competence concerning foreign investment. This article reviews arguments from the chapter on the free movement of capital and from the recent European practice and case-law to shed light on the debate about the competence on foreign investment. It also depicts the circumstances in which the Court of Justice has to deliver its Opinion on the EU competence to sign and conclude the EU-Singapore Free Trade Agreement.

Recent Golden Share Cases in the Jurisprudence of the Court of Justice of the European Union

2015 ◽  
Vol 16 (5) ◽  
pp. 1099-1130 ◽  
Author(s):  
Tamás Szabados
Keyword(s):  
European Union ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Member States ◽  
Golden Share ◽  
Court Of Justice ◽  
Special Rights ◽  
Free Movement Of Capital

AbstractIn several golden share cases, the Court of Justice of the European Union (the “Court”) condemned Member States for reserving certain special rights in privatized companies for themselves. In spite of the Court's consistently strict approach in the golden share cases, the more recent golden share judgments demonstrate that the Court's practice is not free from uncertainties. In its case law, the Court seems to hesitate between the application of the freedom of establishment and the free movement of capital. Additionally, it is not entirely clear which measures are caught by provisions on the freedom of establishment and the free movement of capital.

scholarly journals Obrót nieruchomościami rolnymi w świetle traktatowej swobody przepływu kapitału – rozważania na gruncie orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej

2020 ◽  
pp. 37-46
Author(s):  
Beata Włodarczyk
Keyword(s):  
European Union ◽  
National Level ◽  
Case Law ◽  
Free Movement ◽  
General Interest ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Court Of Justice ◽  
Free Movement Of Capital

The aim of the article is to outline the legal issues of trading in agricultural property in the European Union, which is entirely subject to basic treaty rules. The free movement of capital, regulated in Article 63 of the Treaty on the Functioning of the European Union, is of particular importance in relation to cross-border operations connected with trading in agricultural property. Therefore the legislation in force and applicable in EU Member States should ensure that citizens of other Member States have the possibility of exercising this freedom. However, the free movement of capital is not absolute. In the light of the established case-law of the Court of Justice of the European Union, regulations limiting free movement of capital may be introduced at national level, provided that they pursue general interest objectives and comply with the principles of proportionality and non-discrimination.

scholarly journals Unveiling the overlooked freedom – the context of free movement of capital and payments in the EU law

2012 ◽  
Vol 12 (2) ◽  
pp. 129-145
Author(s):  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
Slow Release ◽  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
Treaty Provision ◽  
Free Movement Of Capital ◽  
The Eu

Abstract Free movement of capital and payments represents the youngest of the freedoms within the single internal market of the European Union. Th e title “youngest” points on the very slow release of capital markets within the European Community and the European Union which leads to the tardy development of this freedom. It is young also from the view of the legal effects because it was the last of the freedom where direct effect of basal Treaty provision was accepted by the Court of Justice. In the heading of this article I awarded the forth freedom with the adjective “overlooked” which is clearly my subjective opinion on the approach of the EU law scholars to this part of the internal market law. In the most of the substantive textbooks and casebooks we may find only marginal space devoted to this field, especially in comparison with the other market freedoms. My objective is to off er and general introductive insight to this area and to certain extent cover the emerging gap.

16. Customs union

2020 ◽  
pp. 358-374
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Free Movement ◽  
Customs Union ◽  
The European Union ◽  
Equivalent Effect ◽  
The Common ◽  
Free Movement Of Goods ◽  
The Creation ◽  
Taxation System ◽  
The Eu

This chapter examines the creation of the customs union to ensure free movement of goods within the European Union (EU), discusses the relevant provisions of the Treaty on the Functioning of the European Union (TFEU). The chapter considers the significance of the common customs tariff applicable to all imported goods from outside the EU and explains the prohibition on customs duties and on discriminatory taxation. It also explains that the prohibition on discriminatory taxation serves to prevent Member States from circumventing the prohibition on customs duties by discriminating against imports via their internal taxation system. The chapter also highlights criticisms of the Court of Justice’s (CJ) approach to customs duties and measures having an equivalent effect.

scholarly journals Capital Movements Between the European Union and Turkey Within the Integration Processes

2014 ◽  
Vol 17 (3) ◽  
pp. 29-45
Author(s):  
Janina Witkowska
Keyword(s):  
European Union ◽  
Economic Integration ◽  
Free Movement ◽  
Candidate Country ◽  
Customs Union ◽  
The European Union ◽  
Association Agreement ◽  
Capital Movements ◽  
Free Movement Of Capital ◽  
The Eu

The institutional model used in the integration process between the European Union (EU) and Turkey was that of establishment of a customs union under an Association Agreement. In the context of the difficulties that have occurred in the membership negotiations between the EU and Turkey, the question arises whether real economic integration between them has gone further than that achieved at the stage of a customs union. Free movement of capital, constituting one of the so-called four fundamental freedoms within the single European market, is the subject of examination in this paper. The obligations of Turkey, as an EU candidate country, in the field of free movement of capital are more demanding under the EU scheme of liberalization of capital flows than within the OECD, which is regulated by the Code of Liberalisation of Capital Movements and the Code of Liberalisation of Current Invisible Operations. Real economic integration between the EU and Turkey requires further liberalization of the free movement of capital. While Turkey encourages the inflow foreign direct investment using a generous package of incentives, the role of FDI in its economy still remains moderate.

13. EU citizenship

2020 ◽  
pp. 352-383
Author(s):  
Sylvia de Mars
Keyword(s):  
European Union ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Citizenship Rights ◽  
Free Movement Of Persons ◽  
The Uk ◽  
The Impact ◽  
Constitutional Identity ◽  
The Eu

This chapter traces how the free movement of persons developed, culminating into a constitutional identity for EU nationals that extends rights to economically inactive free movers as well. EU citizenship was formally established in 1992, and can be used as a marker to separate two distinct eras of the Court of Justice of the European Union (CJEU) case law on free movement of persons. The chapter then considers the personal and material scope of EU citizenship, and looks at CJEU case law on the free movement of EU citizens between 1992 and 2004. It also assesses the impact of the Citizenship Directive in 2004, as well as the impact of Brexit on EU citizenship. The controversy surrounding the development of ‘citizenship rights’ is of particular interest given the Brexit referendum; limitless immigration from the EU was found to be one of the primary reasons why the UK voted to leave the EU.

Oh Britannia: Great Britain’s Exit from the European Union and Its Impact on Globalism and Nationalism

2021 ◽  
Vol 20 (1-2) ◽  
pp. 186-202
Author(s):  
John P. Williams
Keyword(s):  
European Union ◽  
Banking System ◽  
Free Movement ◽  
The European Union ◽  
System A ◽  
Nation States ◽  
The Future ◽  
Left And Right ◽  
Free Movement Of Capital ◽  
The Eu

Abstract Globalization unleashed trends such as the free movement of capital, people, and goods; trickle-down economics, and diminished stature of nation-states. While largely embraced by most countries in the WTO, a growing tension within the European Union to push back went largely ignored until recently. Britain’s exit represents such a push back, a rejection of a single banking system, a single budget, and a single political entity. This article examines the historic 2016 British referendum that saw 52 percent of voters favor England leaving the EU. This research serves four purposes: one, to identify the origins of this important referendum as well as the positions of both its supporters and detractors; two, to analyze the fallout of the vote and its impact on other European nations; three, to correlate the results of this referendum and the rise of populist parties on the left and right in the EU; and four, to discuss briefly what the future holds for globalism.

scholarly journals Obrót nieruchomościami w Unii Europejskiej wobec swobody przepływu kapitału

Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 185-197
Author(s):  
Andrzej Borkowski
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Real Property ◽  
Member States ◽  
Factors Affecting ◽  
The Public ◽  
The Will ◽  
The Common ◽  
Free Movement Of Capital

Real property trade in the European Union and free movement of capitalThe subject matter of this article is to selectively discuss the basic factors affecting the freedom of real property trade within the common market of the European Union. The guaranties secur­ing thefreedom to acquire by union foreigners real property in the member states follow directly from the provisions of TFEU. The set of treaty regulations relating to internal market freedoms holds a key role in the process of realising the fundamental purposes of the European Union. The free movement of capital has profound meaning for the realisation of all the treaty freedoms. Deviations from the rule, which allow for limiting the freedom and which result from the will of the member states, are acceptable within the legal system of the European Union only in exceptional circum­stances provided by that law. There are two groups of conditions required for alawful deviation from the rule of the free movement of capital. The first group covers the considerations resulting directly from the Treaty. The second includes the circumstances deemed lawful pursuant to the for­mula of imperative requirements of the public interest.

scholarly journals Free movement of workers in the EU and occupational pensions

2017 ◽  
Vol 19 (2) ◽  
pp. 141-157 ◽  
Author(s):  
Marion Del Sol ◽  
Marco Rocca
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Free Movement ◽  
The European Union ◽  
Occupational Pensions ◽  
Minimum Standards ◽  
Court Of Justice ◽  
Free Movement Of Workers ◽  
The Eu ◽  
Cross National

The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.

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