CELS Webinar: 'The EU Investment Screening Regulation - Some Fundamental EU Law Observations'

Title: 'The EU Investment Screening Regulation - Some Fundamental EU Law Observations' 

Speaker: Professor Christoph Hermann, Passau University 

Biography: 

Christoph Herrmann is Professor at the University of Passau. He holds a Chair for Constitutional and Administrative, European, European and International Economic Law since 2009. Christoph's research focuses on European and international economic law, in particular EMU, external trade and monetary law, WTO, and IMF law. He has published numerous articles in German and international scholarly journals. He was founding Co-editor of the European Yearbook of International Economic Law (EYIEL) and is co-editor of a leading German commentary on EU External Trade and Customs Law. He has (co-)authored and (co-)edited numerous textbooks and volumes in English and German alike. His most recent edited publication is Amtenbrink/Herrmann (eds.), The EU Law of EMU, 2020 (OUP). Christoph studied law and some economics (with a focus on banking and finance) at the University of Bayreuth (Germany) and European and international economic law at the University of London. He holds a doctorate in European Union law from the University of Bayreuth. After passing the bar exam in Germany, he worked as Assistant Professor at the University of Munich (Germany), where he wrote his Habilitation on Monetary Sovereignty, the Monetary Constitution, and Individual Rights. During this time, Christoph spent a year as Jean-Monnet-Fellow (postdoc) at the EUI (Florence) and half a year as acting professor at the Vienna Economics University. From 2017 through 2020, Christoph was EU Candidate select for the position of a WTO Appellate Body Member. In 2020, he was listed as possible arbitrator under the EU-UK Withdrawal agreement. For further information on publications and other academic activities please visit http://www.jura.uni-passau.de/herrmann

Abstract: 

In March 2019, the EU adopted REGULATION (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the Union. It became fully operational in October 2020 and the Commission issued a first report on its application only weeks ago. In essence, the regulation harmonizes the conditions under which foreign direct investments into the EU may be made subject to an administrative authorization procedure (i.e. "screening") for public order and security reasons, and sets up a cooperation mechanism between Member States and the Commission. Yet, it leaves the choice whether or not to do so as well as the ultimate authorization decision up to the Member States. The regulation touches upon several fundamental EU law issues: the competence of the EU, the correct legal basis, the fundamental freedoms being affected etc. The talk - which is based on a legal opinion for the German Federal Ministry of the Economy and a subsequent German publication - will address these fundamental issues.

Zoom Regulation: https://us02web.zoom.us/webinar/register/WN_KhTyTC-ASheQ9f3ckQjsYg 

Please note that this session will not be recorded.