IDEAS home Printed from https://ideas.repec.org/a/vrs/bjeust/v11y2021i1p153-169n10.html
   My bibliography  Save this article

The Common European Investment Policy and Its Perspectives in the Context of the Achmea Case Law

Author

Listed:
  • Nováčková Daniela
  • Peráček Tomáš

    (Comenius University in Bratislava, Faculty of Management, Odbojárov 10, Bratislava 82005, Slovakia)

Abstract

Current developments in the field of international investment relations are influenced by the ruling of the Court of Justice in the Achmea case, when de facto European law became superior to international law. The verdict of the Court of Justice changes the usual legal procedures and customs in the field of bilateral investment agreements. However, the impact of this court decision is an almost unexplored area due to the lack of interest of legal theorists, and it is relatively difficult to find answers to the ambiguities and problems that have arisen. The scientific study analyses the current process of introducing new rules in the field of investment policy within the European Union, which means the end of bilateral investment agreements within the European Union. It also examines the European Union’s activities in the field of foreign direct investment and the development of a stable European investment policy. Determining the goal of the scientific study is based directly on current needs and emerging practical problems in practice. Their correct understanding and application has a fundamental impact on the possibilities of rules in the field of investment policy. Due to the nature of the researched topic, we applied selected qualitative methods suitable for recognising the law. However, we also analysed scientific literature, case-law and the analogy of law, thus providing qualified answers to the application pitfalls of legal practice.

Suggested Citation

  • Nováčková Daniela & Peráček Tomáš, 2021. "The Common European Investment Policy and Its Perspectives in the Context of the Achmea Case Law," TalTech Journal of European Studies, Sciendo, vol. 11(1), pages 153-169, May.
    • Handle: RePEc:vrs:bjeust:v:11:y:2021:i:1:p:153-169:n:10
    DOI: 10.2478/bjes-2021-0010
    as

    Download full text from publisher

    File URL: https://doi.org/10.2478/bjes-2021-0010
    Download Restriction: no
    File URL: https://libkey.io/10.2478/bjes-2021-0010?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Mária Srebalová & Matej Horvat & Juraj Vačok & František Vojtech & Stanislav Filip, 2020. "Legal obstacles to freedom to conduct a business: experience of the Slovak Republic," Entrepreneurship and Sustainability Issues, VsI Entrepreneurship and Sustainability Center, vol. 7(4), pages 3385-3394, June.
    2. Alina HALLER, 2020. "From Classical And Neoclassical Economic Growth To Degrowth In Europe. Challenges For Public Administration," REVISTA ADMINISTRATIE SI MANAGEMENT PUBLIC, Faculty of Administration and Public Management, Academy of Economic Studies, Bucharest, Romania, vol. 2020(34), pages 150-170, June.
    3. Dolzer, Rudolf & Schreuer, Christoph, 2012. "Principles of International Investment Law," OUP Catalogue, Oxford University Press, edition 2, number 9780199651801.
    4. Irina KOSACH & Anastasiia DUKA & Grygoriy STARCHENKO & Olena MYHAYLOVSKA & Artur ZHAVORONOK, 2020. "Socio-Economic Viability Of Public Management In The Context Of European Integration Processes," REVISTA ADMINISTRATIE SI MANAGEMENT PUBLIC, Faculty of Administration and Public Management, Academy of Economic Studies, Bucharest, Romania, vol. 2020(35), pages 139-152, December.
    5. Sunday Oseiweh Ogbeide & Henry Usunobun Ogiugo & Isaac Olufemi Adesuyi, 2021. "Corporate governance mechanisms and financial reporting quality of commercial banks in Nigeria," Insights into Regional Development, VsI Entrepreneurship and Sustainability Center, vol. 3(1), pages 136-146, March.
    6. Marius Cristian Milos & Laura Raisa Milos, 2019. "Investor protection and stock market development. Empirical approach on the European Union case," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 9(1), pages 113-125, March.
    7. Cristina Elena Popa (Tache), 2020. "International investment protection in front of the states role in crisis times to managing disputes," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 10(3), pages 455-465, December.
    8. Rastislav Funta, 2012. "Legal and Economic Analysis of Cartels, their Enforcement and the Leniency Program," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 2, pages 35-47, June.
    9. Sunday Oseiweh Ogbeide & Henry Usunobun Ogiugo & Isaac Olufemi Adesuyi, 2021. "Corporate governance mechanisms and financial reporting quality of commercial banks in Nigeria," Post-Print hal-03583879, HAL.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Ane-Mari Androniceanu & Raluca Dana Căplescu & Manuela Tvaronavičienė & Cosmin Dobrin, 2021. "The Interdependencies between Economic Growth, Energy Consumption and Pollution in Europe," Energies, MDPI, vol. 14(9), pages 1-23, April.
    2. Bayar Gardi & Mehmet Aga & Nabaz Nawzad Abdullah, 2023. "Corporate Governance and Financial Reporting Quality: The Mediation Role of IFRS," Sustainability, MDPI, vol. 15(13), pages 1-19, June.
    3. Horn, Henrik & Tangerås, Thomas, 2016. "Economics and Politics of International Investment Agreements," Working Paper Series 1140, Research Institute of Industrial Economics.
    4. Jaakkola, Niko & Spiro, Daniel & van Benthem, Arthur A., 2019. "Finders, keepers?," Journal of Public Economics, Elsevier, vol. 169(C), pages 17-33.
    5. Jaivir Singh & Vatsala Shreeti & Parnil Urdhwareshe, 2022. "The Impact of Bilateral Investment Treaties on FDI Inflows Into India: Some Empirical Results," Foreign Trade Review, , vol. 57(3), pages 310-323, August.
    6. Horn, Henrik & Sanctuary, Mark, 2023. "Investment Treaties and the Replacement of Stranded Investment," Working Paper Series 1479, Research Institute of Industrial Economics, revised 09 Feb 2024.
    7. Cristina Elena POPA (TACHE), 2021. "Adapting an Efficient Mechanism for Resolving International Investment Disputes to a New Era. Vienna Investment Arbitration and Mediation Rules," International Investment Law Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 1(2), pages 91-101, July.
    8. Gabriela TEODORU, 2022. "Restrictions On The Sale Of Agricultural Land. Controversies National Law - Union Law," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 11(1), pages 142-156, March.
    9. Axel Berger & Wan‐Hsin Liu, 2021. "Can the G20 serve as a launchpad for a multilateral investment agreement?," The World Economy, Wiley Blackwell, vol. 44(8), pages 2284-2302, August.
    10. Horn, Henrik, 2018. "Investor-State vs. State-State Dispute Settlement," Working Paper Series 1248, Research Institute of Industrial Economics, revised 20 Feb 2019.
    11. Hirano, Miharu, 2016. "Public participation in the global regulatory governance of water services: Global administrative law perspective on the Inspection Panel of the World Bank and amicus curiae in investment arbitration," Utilities Policy, Elsevier, vol. 43(PA), pages 21-31.
    12. Mengxing Song & Lingling Guo & Jianwei Shen, 2023. "The Relationship between Alumni Network and Exploratory Innovation: The Mediating Role of Enterprise Risk-Taking," Sustainability, MDPI, vol. 15(22), pages 1-18, November.
    13. Jozef Barunik & Zdenek Drabek & Matej Nevrla, 2020. "Investment Disputes and Abnormal Volatility of Stocks," Papers 2006.10505, arXiv.org.
    14. Catalina Georgeta DINU, 2021. "Forest Concession in Romania and Brazil," International Investment Law Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 1(1), pages 49-55, February.
    15. Tarald Gulseth Berge & Øyvind Stiansen, 2023. "Bureaucratic capacity and preference attainment in international economic negotiations," The Review of International Organizations, Springer, vol. 18(3), pages 467-498, July.
    16. Klodian Mu o & Enzo Valentini & Stefano Lucarelli, 2021. "The Relationships between GDP growth, Energy Consumption, Renewable Energy Production and CO2 Emissions in European Transition Economies," International Journal of Energy Economics and Policy, Econjournals, vol. 11(4), pages 362-373.
    17. Cristina Elena POPA (TACHE), 2021. "Ranking of Treatment Standards in International Investments," International Investment Law Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 1(1), pages 79-87, February.
    18. Ane-Mari ANDRONICEANU & Jani KINNUNEN & Irina GEORGESCU, 2021. "Entrepreneurial Motivations To Start New Businesses: A Panel Data Analysis," Proceedings of the INTERNATIONAL MANAGEMENT CONFERENCE, Faculty of Management, Academy of Economic Studies, Bucharest, Romania, vol. 15(1), pages 479-491, November.
    19. Stephen R. Buzdugan, . "The global governance of FDI and the non-market strategies of TNCs: explaining the “backlash” against bilateral investment treaties," UNCTAD Transnational Corporations Journal, United Nations Conference on Trade and Development.
    20. Horn, Henrik & Tangerås, Thomas, 2021. "Economics of international investment agreements," Journal of International Economics, Elsevier, vol. 131(C).

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:vrs:bjeust:v:11:y:2021:i:1:p:153-169:n:10. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.sciendo.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.