EU Competence over Foreign Investment
EU Competence over Foreign Investment
Chapter 2 explores the scope of EU competence in the field of foreign investment. It strives to put an end to the ambiguity concerning the delimitation of powers between the EU and its Member States in the field of foreign investment. Following the thematic categorization of foreign investment regulation, the scope and nature of EU competence is examined separately for each category of foreign investment and each aspect of foreign investment regulation. In that regard, the coverage of foreign investment by explicit power-conferring provisions in the TFEU is identified and the general rules on EU implied competence are applied, determining the scope of EU competence over foreign investment.
Keywords: EU competence, article 207 tfeu, admission of foreign investment, treatment of foreign investment, expropriation of foreign investment, free movement of capital, freedom of establishment
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