In 2009 the Treaty of Lisbon conferred upon the European Union the exclusive competence on foreign direct investments (Article 207 tfeu). Following from this new competence the eu has carried out a comprehensive regulation of trade and investment issues and reforms which include the creation of an International Investment Court, as proposed by the European Commission in both ceta and ttip negotiations. This article analyses some of the core legal issues of the proposed Court from a European perspective and comes to the conclusion that the same eu constitutional obstacles allegedly posed by isds are present in the ics. As a result, the Commission’s proposal weakens the perception of isds as a fair and legitimate mechanism to deal with investment-state disputes, whereas it perpetuates the existence of an external and parallel mechanism of dispute resolution outside the European court system.
the Union’s policies and activities. 22 The foundations of the establishment of an internal market based on sustainable development are set under Article 3.3 of the TreatyontheEuropeanUnion ( TEU ) with the objective demanding to incorporate balanced economic growth and price stability, and a
ontheEuropeanUnion ( teu ), which deals with leaving the organisation, in March of 2017. This will start a two-year period of exit negotiations with the other 27 eu member states. The talks will deal with the conditions attached to leaving—which range from pensions of British eu officials to
‘accepted for the purpose of maintaining peace and international security’. The execution of these obligations has been organized by the procedures in the TreatyontheEuropeanUnion (TEU), the ‘Second Pillar’, that is the provisions on the Common Foreign and Security Policy (Articles 11–28), by the
and legislation only to the extent that such a competence has been conferred on it by the Member States through the eu Treaties. 27 The eu does not have a specific Arctic mandate from its Member States. However, according to the TreatyontheEuropeanUnion ( teu ), the eu shall define and
Loïc Azouli (ed.), The Question of Competence in the European Union (Oxford: Oxford University Press, 2014), p. 66.
7 TreatyontheEuropeanUnion ( teu ), oj 2012, C 326/1 (26 October 2012).
8 Notwithstanding, Union delegations have been involved in the execution of environmental programmes
territorial scope is determined. In fact, they contain a provision narrowing the territorial application of the agreement to “the territories in which the TreatyontheEuropeanUnion (‘
’) and the Treaty on the Functioning of the European Union (‘
This would imply that
criteria established the eligibility rules and obligations for membership in the eu . Before the new Treaty of Amsterdam was agreed upon, the European Council adopted these criteria, in Copenhagen in June 1993, which are most importantly reflected in Article 6 of the TreatyontheEuropeanUnion ( teu
TreatyontheEuropeanUnion ( teu ). In its Decision 22/2016 ab on the interpretation of Article E) (2) of the Fundamental Law, the packed Constitutional Court rubberstamped the government’s constitutional identity defense.
This comment proceeds as follows: after describing the government
According to Article 17 of the TreatyontheEuropeanUnion (TEU), the European Commission “shall ensure the application of the Treaties and of measures adopted by the institutions pursuant to them”. The following contribution will discuss how the application of the Birds Directive