@article{2024:crivoi:eu_fdi_scr,
title = {EU FDI Screening – Level Up in Multilevel Governance?},
year = {2024},
note = {The current Union framework for the screening of foreign direct
investment is about to be renewed. In January 2024, the Commission
presented a proposal for a new Regulation that is supposed to bring
about more convergence in the currently strongly fragmented national
legislation landscape. The Proposal obliges Member States to introduce
national screening mechanisms and tries to harmonise those by
prescribing a minimum scope of application and a number of screening
factors. The article gives an overview of the changes and tries to
analyse in how far they can contribute to a more enhanced, effective
screening exercise across the Union. In addition, the Proposal raises
questions as to its conformity with primary law, in particular with
regard to its appropriate legal basis and its relation to the free
movement rules. By expanding FDI screening also to certain types of
foreign-held intra-EU investment, a dichotomy between FDI screening
and the freedom of establishment is created. The article thus tries to
analyse how the Proposal can be reconciliated with the European Court
of Justice’s (strict) case law on restrictions to the freedom of
establishment.},
journal = {ZEuS Zeitschrift für Europarechtliche Studien},
pages = {241--261},
author = {Crivoi, Alexia},
volume = {27},
number = {2}
}