Foreign Investment Control Procedures as a Tool for Enforcing EU Strategic Autonomy

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 513-523 | European Forum Insight of 27 July 2023 | (Table of Contents) I. Introduction. - II. From Member States’ national security to ‘EU national security’. - III. From protection to ‘offensive defence’ of economic...

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Main Author: Sabrina Robert
Format: Article
Language:English
Published: European Papers (www.europeanpapers.eu) 2023-07-01
Series:European Papers
Subjects:
Online Access:https://www.europeanpapers.eu/en/europeanforum/foreign-investment-control-procedures
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author Sabrina Robert
author_facet Sabrina Robert
author_sort Sabrina Robert
collection DOAJ
description (Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 513-523 | European Forum Insight of 27 July 2023 | (Table of Contents) I. Introduction. - II. From Member States’ national security to ‘EU national security’. - III. From protection to ‘offensive defence’ of economic security interests. | (Abstract) The adoption of EU Regulation 2019/452 establishing a framework for the screening of foreign direct investment into the Union has been met with many reservations. While it appeared that it was becoming crucial for the EU to adopt a screening instrument in order to protect essential European interests, the mechanism that came into force in the autumn of 2020 seems too modest, giving the Commission no decisive power. However, thanks to a succession of unprecedented global crises (economic crisis, COVID-19 crisis, Russian aggression against Ukraine) and the emergence of offensive strategies on the part of certain foreign investors, in particular Chinese investors, the European Commission has gradually strengthened the European FDI control mechanism. This mechanism is now focused on the protection of European security, which includes economic security. Moreover, the Commission is clearly seeking to strengthen its own powers in this area. In order for the European FDI screening system to become an instrument for the defence of European strategic autonomy, the next step could be a reform of the system, which would formalize these transformations and would make the Commission the lead authority in the area of FDI control.
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spelling doaj.art-d26f0ee174d141bb8563e8915d86ce1d2023-07-28T10:42:29ZengEuropean Papers (www.europeanpapers.eu)European Papers2499-82492023-07-012023 8251352310.15166/2499-8249/671Foreign Investment Control Procedures as a Tool for Enforcing EU Strategic AutonomySabrina Robert0Le Mans University(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 513-523 | European Forum Insight of 27 July 2023 | (Table of Contents) I. Introduction. - II. From Member States’ national security to ‘EU national security’. - III. From protection to ‘offensive defence’ of economic security interests. | (Abstract) The adoption of EU Regulation 2019/452 establishing a framework for the screening of foreign direct investment into the Union has been met with many reservations. While it appeared that it was becoming crucial for the EU to adopt a screening instrument in order to protect essential European interests, the mechanism that came into force in the autumn of 2020 seems too modest, giving the Commission no decisive power. However, thanks to a succession of unprecedented global crises (economic crisis, COVID-19 crisis, Russian aggression against Ukraine) and the emergence of offensive strategies on the part of certain foreign investors, in particular Chinese investors, the European Commission has gradually strengthened the European FDI control mechanism. This mechanism is now focused on the protection of European security, which includes economic security. Moreover, the Commission is clearly seeking to strengthen its own powers in this area. In order for the European FDI screening system to become an instrument for the defence of European strategic autonomy, the next step could be a reform of the system, which would formalize these transformations and would make the Commission the lead authority in the area of FDI control.https://www.europeanpapers.eu/en/europeanforum/foreign-investment-control-proceduresforeign direct investmentscreening mechanismnational securityeconomic securityeu strategic autonomyeu commission
spellingShingle Sabrina Robert
Foreign Investment Control Procedures as a Tool for Enforcing EU Strategic Autonomy
European Papers
foreign direct investment
screening mechanism
national security
economic security
eu strategic autonomy
eu commission
title Foreign Investment Control Procedures as a Tool for Enforcing EU Strategic Autonomy
title_full Foreign Investment Control Procedures as a Tool for Enforcing EU Strategic Autonomy
title_fullStr Foreign Investment Control Procedures as a Tool for Enforcing EU Strategic Autonomy
title_full_unstemmed Foreign Investment Control Procedures as a Tool for Enforcing EU Strategic Autonomy
title_short Foreign Investment Control Procedures as a Tool for Enforcing EU Strategic Autonomy
title_sort foreign investment control procedures as a tool for enforcing eu strategic autonomy
topic foreign direct investment
screening mechanism
national security
economic security
eu strategic autonomy
eu commission
url https://www.europeanpapers.eu/en/europeanforum/foreign-investment-control-procedures
work_keys_str_mv AT sabrinarobert foreigninvestmentcontrolproceduresasatoolforenforcingeustrategicautonomy