Article 192 (I) of the TreatyontheFunctioningoftheEuropeanUnion (TFEU) (ex Article 175 (I) of the Treaty Establishing the European Community, TEC) the European Parliament and the Council have adopted Regulation (EC) No 166/2006 establishing the new European Pollutant Release and Transfer Register
of economic instruments, or ‘state aid’, as defined in the TreatyontheFunctioningoftheEuropeanUnion (TFEU). The rules on state aid define how aid and other benefits are granted to undertakings. State aid is forbidden if it is granted selectively to certain undertakings or the production of
attempt to demonstrate the extent to which EU primary law renders such regulation possible, while striving to offer critical insight throughout the analysis. For this reason, the most contentious elements of this regime will be focussed on.
Article 11 of the TreatyontheFunctioningoftheEuropean
This article provides a summary of the main legal questions pertaining to the current wording of Articles 206 and 207 of the Treaty on the Functioning of the European Union (TFEU), which deal with the inclusion of Foreign Direct Investments (FDI) within the scope of the EU Common Commercial policy (CCP). It firstly investigates the concept of capital movement as enshrined in the treaties and relevant EU legislation. Next, the article examines how the new reference to FDI within the scopes of the CCP affects the competence of the EU to conclude new Bilateral Investment Treaties (BITs) with third countries. Finally, the article briefly illustrates a recent proposal for a model EU BIT which would make certain areas of investment protection dependent on sustainable development, social and environmental protection and standards of Corporate Social Responsibility (CSR).
Conditions of admissibility constitute a peculiar field of law in the procedural law of judicial bodies set up by international treaties. They are of such importance that international judicial bodies must examine them ex officio, thus independently of any contention by the parties. Failure to comply with a condition of admissibility means that there will not be an examination of the merits of the case. The Court of Justice of the European Union has developed a very detailed doctrine on conditions of admissibility. The first condition of admissibility encountered by the Court of Justice of the European Union refers to the procedural time-limits for initiating judicial proceedings (the dies ad quem). As regards the action for annulment, there are three starting points under the sixth paragraph of Article 263 of the Treaty on the Functioning of the European Union (tfeu), namely: the publication; the notification; and the day on which the contested measure came to the knowledge of the applicant.
This article aims to assess which subjects could offer diplomatic protection in third countries to European citizens and/or European Union legal persons on the basis of eu law. The absence of a common standard of assistance and the lack of specific agreements with third states has de facto excluded the diplomatic protection ex Article 23 of the Treaty on the Functioning of the European Union (tfeu, formerly the tec or Treaty establishing the European Community). Yet the practice shows cases in which the European Commission claimed the infringement of the rights of eu citizens and eu corporations in cases of violation of an international agreement concluded by the Union, or in cases of a breach of general international law in a matter of eu exclusive competence. These evidences indicate that the eu could play an effective role in ensuring the protection of European citizens in third countries in situations in which the eu member states have transferred their competences to the European Union. However, these actions remain discretional, since the ‘duty to protect’ is far from achieved both in eu and in international law.
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.
FunctioningoftheEuropeanUnion ( TFEU ).
After a general introduction of the internal market and its historical background, the second chapter, for systematic reason, outlines characteristics and structures common to all Treaty freedoms. Therefore, in the remaining chapters, each chapter contains the
FunctioningoftheEuropeanUnion ( TFEU )), which also allow a comprehensive view of the Union’s external action (see Articles 18.4 and 21.3 TEU ), and the main task of the EEAS is providing assistance. In fact, Article 27.3 TEU states that ‘In fulfilling his mandate, the High Representative shall be
FunctioningoftheEuropeanUnion ( tfeu ) because it would discourage the company from extending its activities within the United Kingdom. It would also infringe on the right of companies to provide cross-border services pursuant to Article 56 because it would limit the ability of passengers to travel abroad