Abstract
The following comments are inspired by the thoughtful analysis by Stefan Korte: “In Search for an EU Competence to Establish an Investment Screening Mechanism and Restricting Effects Flowing from Fundamental Freedoms, Fundamental Rights, and Other EU Primary Law” (Korte, Stefan, In Search for an EU Competence to Establish an Investment Screening Mechanism and Restricting Effects Flowing from Fundamental Freedoms, Fundamental Rights, and Other EU Primary Law, in this volume.). It should be made clear that the ambition and scope of these comments is not to address all issues or arguments presented by Korte; rather, the comments are limited to three distinct but interlinked issues: the structure and function of Article 207 of the Treaty on the Functioning of the European Union (TFEU), which leads to an analysis of the role of Article 65 TFEU in explaining national screening mechanisms, and finally the legal basis for Union measures found in Article 64(2) TFEU.
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Change history
11 June 2021
The book was inadvertently published with an incorrect title for chapter 25 ‘Country Report on Hungary and Romania’ whereas it should be ‘Foreign Investment Screening in Hungary and Romania’.
Notes
- 1.
- 2.
For a discussion on the distribution of competences between the EU and Member States, see Reinisch (2011), pp. 43–54.
- 3.
- 4.
For a discussion of the vertical allocation of powers in the Constitution Treaty see Krajewski (2005), pp. 91–127.
- 5.
On the internal and external potential of the Regulation: Schill (2019), pp. 105–128.
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Daniel, B.T. (2020). Comment on “Exploring the Possibilities and Limits of the EU and Member States to Set Up an Investment Screening Mechanism in the Light of Union Law”. In: Hindelang, S., Moberg, A. (eds) YSEC Yearbook of Socio-Economic Constitutions 2020. YSEC Yearbook of Socio-Economic Constitutions, vol 2020. Springer, Cham. https://doi.org/10.1007/16495_2020_28
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