YSEC Yearbook of Socio-Economic Constitutions 2020

This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future Common European Law on Investment Screening. Thereby, it provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons.

Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The elephant in the room is China and its Belt and Road Initiative. The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The book takes stock of the current rather fragmented regulatory approaches and combines contributions from leading international academics, practitioners, and policy makers in their respective fields. Due to the volume's comprehensive approach, it is expected to influence the broader debate on the EU's upcoming regulation of this matter.

The book is addressed to participants from academia as well as to representatives from government, business, and civil society.

Autorentext

Steffen Hindelang is a professor (wsr) at the Department of Law of the University of Southern Denmark in Odense. He teaches and researches in the areas of international economic law, esp. international investment law, EU law and German public law. Previously he was a professor at Freie Universität Berlin (2011-2017), senior research associate and senior lecturer at Humboldt-Universität zu Berlin (2010-2011), and research associate and lecturer at the University of Tübingen (2004-2009). He is also senior fellow at the Walter Hallstein Institute of European Constitutional Law at Humboldt-Universität zu Berlin and academic advisor to the International Investment Law Centre Cologne (IILCC). He was guest professor, among others, at the Faculty of Law of the University of Uppsala as a Riksbankens Jubileumsfond - Alexander von Humboldt Stiftung Swedish Prize Laureate, at Nagoya University, Bocconi University Milan, the University of Lausanne, the Charles University Prague, the International Law School of the Moscow State Institute of International Relations (MGIMO), and the Turkish-German University Istanbul.
Andreas Moberg **is a senior lecturer and associate professor at the Department of Law of the University of Gothenburg. He is also the assistant director of CERGU (Center for European Research at the University of Gothenburg). He teaches and researches both EU law and Public international law, but specializes in EU Constitutional law. He has lectured in EU law as a visiting professor at Bond University (Australia), San Pablo CEU Madrid and Háskóla Islands Reykjavík.

Inhalt
Steffen Hindelang and Andreas Moberg, Introduction to the topic.- Part I: Economic and Political Context: Age Bakker, The Political Economy of Capital Controls and Liberalization in the European Union.- Stephan Wernicke, Investment Screening The Return of Protectionism? - A Business Perspective.- Sven Simon, Investment Screening The Return of Protectionism? - A Political Account.- Joanna Warchol, The Birth of the EU Screening Regulation.- Part II: The European Origins the EU Member States' Rules on Screening Foreign Investment: Philipp Stompfe, Country Report on Germany and France.- Paolo Vargiu, Country Report on Italy, Spain, Portugal, and Greece.- Szymon Pawowski and Marek Jakowski, Country Report on Poland, Lithuania, and Latvia.- Szilárd Gáspár-Szilágyi, Country Report on Hungary and Romania.- Jonas Hallberg Country Report on Finland, Norway, Sweden and Denmark.- Part III: Existing EU Secondary Legislation on (Discriminatory) Treatment of Third Country Investments A Plurality of Regulatory Approaches: Henning Berger, The Banking and Insurance Sector.- Dominik Eisenhut, The Defence, Military and Dual-use Sector.- Henning Jessen, The Transport Sector.- Bent Ole Gram Mortensen, The Energy Sector.- Michael Fehling, The Telecommunications and IT Infrastructure Sector.- Part IV: Beyond Europe The Screening Schemes of Major EU Trade Partners: Vladimir Talanov, Country Report on Russia.- Greta Lichtenbaum and David J. Ribner, Country Report on Northern America (esp. US and Canada).- Kojiro Fujii, Noriko Yodogawa and Marie Wako, Country Report on Japan.- Qingjiang Kong and Kaiyuan Chen, Country Report on China.- Part V: EU Constitutional Preconditions and Limits: 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.- Bugge Thorbjørn Daniel, Comment.- Part VI: Possible Functionsof a Common European law on investment screening: Martin Nettesheim, Screening for What Threat Preserving Public Order and Security, Securing Reciprocity in International Trade, Supporting Certain Social, Environmental, or Industrial Policies?.- Part VII: The EU Screening Regulation in Perspective: Lars Otto, What is a Third Country Investment?.- Barbara Kaech and Moritz Wüstenberg, Building Pipelines Experiences with Formal and Informal Screening Mechanisms.- Carolina Dackö, Navigating between Openness and Protectionism EU Investment Screening in 25 Years' Time.- Qingxiu Bu, The One Belt and One Road (OBOR) Initiative: Reconceptualisation of State Capitalism vis-à-vis Remapping of Global Governance?.- Thomas Papadopoulos, What Role for EU Company Law in Screening Foreign Investment?.- Jens Hillebrand Pohl, The Impact of Investment Treaty Commitments on the Design and Operation of EU Investment Screening Mechanisms.- Grith Skovgaard Ølykke and Louise Tandrup Christensen, State Aid and Investment Screening A Multi-facetted Relationship.- Teoman Hagemeyer, Access to Legal Redress in an EU Investment Screening Mechanism.- Part VIII Conclusions and Perspectives: Steffen Hindelang and Andreas Moberg, Conclusions and Perspectives.