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Questions arise as to what will happen when a foreign investor sues a Member State or even the EU, given the new European Union (EU) competence over foreign direct investment (FDI) from the Lisbon Treaty, Articles 206–207 of the Treaty on the Functioning of the European Union (TFEU). In particular, financial responsibility of the EU resulting from an investor-state arbitration is now becoming a politically sensitive topic, particularly regarding the on-going negotiations between EU and third countries for the conclusion of investmentrelated international agreements. While the EU bears, in principle, international responsibility for the breach of any provision to which it is bound under international law, it is possible, under EU law, to provide for the allocation of financial responsibility between the EU and its Member States. This paper analyses the recent EU Regulation on financial responsibility in investor-State arbitration, putting it in the broader framework of the creation of an EU investment policy and the on-going negotiations between the EU and third countries for the conclusion of investment-related international agreements.
under the Lisbon Treaty ’ ( 2011 ) 48 Common Market Law Review 1417 – 1453 . Borowski , M. , ‘ Legal Pluralism in the European Union ’ in AJ Menéndez , JE Fossum (eds
force of the Lisbon Treaty until 2020. In this regard the study also aims at exploring the less well known cases when an argument built on Article 4(2) TEU was put forward by the litigant parties. After the previous descriptive chapter, Section 4 aims
Europe is not only the land of origin, but also the principal keeper of social rights, since it is associated with the concept of Europeanism. The obvious social restrictions in Hungary as well as in other countries of Europe in recent years make it absolutely reasonable to examine to what social-economic context the discernible withdrawal of welfare services provided by the state is attributable. The similar manifestations are supported by no means by the same system of social conditions. As to its basis and dating back to its historical origin, the current social policy of the EU is framed in the spirit of the conceptual system of the social state. The Fundamental Rights Charter (just as the “European Constitution Treaty”, as part of which it may become mandatory) does not reflect either the labour society or Europe of the peoples, but the conceptions of the capital, of political classes and eurocracy. Nevertheless: considering the power relations of global capitalism, we need to appreciate as an apparent actuality that in the midst of these relations the charter insists not only on the requirement of European unity, but also on a modernised version of the social conceptual system. The purpose of this treatise has been to highlight that social objectives cannot be treated as isolated from their economic and social context. We should not risk balance by the maintenance and preservation of a social-organisational framework via overspending, which altogether contradicts the possibility of development and the sustainability of equilibrated development.
The fundamental principles involved in construction of the European Union are at the basis of establishing the prerogatives of the European Union and its Member States. The objective of this study is to present and analyze the evolution of matters that have been taken into account when delimiting the area of competence of the European Union in relation to Member States, as well as to determine the relationships between them, and furthermore establish the manners of settling potential misunderstandings as a result of the activities performed by their bodies. For this purpose, the evolutions of the constitutive treati es of the European Union have been studied, especially the Maastricht Treaty, as it was this one that established the initial distribution of prerogatives between the European Union and Member States. The results of the study consist in an analysis of the exercise of the Union’s prerogatives considering that, currently, through the amendments made to the Lisbon treaty a precise classification is made for the first time in the constitutive treaties, separating the main prerogatives into exclusive, joint and supporting prerogatives. The implications of this study include the forming of a general conviction regarding the fact that exercising the competences of the Union is governed by the principles of subsidiarity and proportionality as stated in Art. 5 of the Treaty on the European Union.
. , The Lisbon Treaty, Law, Politics and Treaty Reform (Oxford University Press 2009 ). Dougan , M. , ‘ Judicial Review of the Member State Action under the General
. Kant Political Writings 1795 Lisbon Treaty. Official Journal of the European Union. C 306. 17 December 2007
2007 2007 223 237 Müller-Graff, P. (2008): Der Vertrag von Lissabon auf der Systemspur des Primärrechts [The Lisbon
]. Act CLXVIII/2007 on The law on the publication of the Lisbon Treaty. [A Lisszaboni Szerződés kihirdetéséről szóló 2007. évi CLXVIII. törvény.] http://net.jogtar.hu [Hungarian] Act 31/2009 on Ministry of Health regulation
resulting from the Lisbon Treaty and taken from the aborted Treaty establishing a Constitution for Europe – enshrines ‘national identity’, even though it is linked to the fundamental political and constitutional structures of the member states. 8 The Court
