Relevant bibliographies by topics / Articolo 207 TFUE

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Academic literature on the topic 'Articolo 207 TFUE'

Author: Grafiati
Published: 9 March 2023
Last updated: 10 March 2023

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Journal articles on the topic "Articolo 207 TFUE"

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Puig, Ramón Vidal. "The Scope of the New Exclusive Competence of the European Union with Regard to ‘Foreign Direct Investment’." Legal Issues of Economic Integration 40, Issue 2 (May 1, 2013): 133–62. http://dx.doi.org/10.54648/leie2013008.

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Article 207 TFEU confers upon the European Union exclusive competence with regard to 'foreign direct investment'. This article argues that this competence may be broad enough to cover most, if not all, the matters usually addressed in a Bilateral Investment Treaty. It covers both the initial 'admission' of investments and 'post-admission' matters, such as 'national treatment', 'most-favoured nation treatment' or 'equal and fair treatment'. Member States retain the right to expropriate the assets of foreign investors, but the Union may subject its exercise to certain conditions. Article 207 TFEU does not cover 'portfolio investments', but the Union may have implied exclusive competence by virtue of the common rules on capital movements (Articles 63-66 TFEU). Competence in the 'field of transport' remains, in principle, 'shared'. Member States may maintain the restrictions 'grandfathered' by Article 64(1) TFEU. It is arguable, but more doubtful, that Article 65(1)TFEU also provides an exception.
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Luts, Joris, and Caroline Kempeneers. "Case C-648/15 Austria v. Germany: Jurisdiction and Powers of the CJ to Settle Tax Treaty Disputes Under Article 273 TFEU Article." EC Tax Review 27, Issue 1 (January 1, 2018): 5–18. http://dx.doi.org/10.54648/ecta2018002.

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On 12 September 2017, the Court of Justice ruled in Case C-648/15 Austria v. Germany on the interpretation and application of the double taxation convention between Austria and Germany on the basis of Article 273 TFEU; a provision which allows the Member States to submit to the Court of Justice (CJ) a dispute between them concerning a matter related to the EU Treaties. In this contribution, the authors focus on some selected (EU law) aspects of the judgment of the CJ under Article 273 TFEU, i.e. (1) the scope of the CJ’s jurisdiction under Article 273 TFEU, (2) the effects of a CJ ruling under such provision as regards the Member States and within the EU as a whole, (3) the application of the rules of interpretation proper to international law (i.e. the Vienna Convention on the Law of Treaties) by the CJ in the context of an Article 273 TFEU-based procedure and (4) issues of overlap with the recently adopted Directive on Tax Dispute Resolution Mechanisms in the European Union.
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Rizzo, Alfredo. "LEGAL FOUNDATIONS OF THE COMPETENCE OF THE EUROPEAN UNION ON FOREIGN DIRECT INVESTMENTS." Italian Yearbook of International Law Online 23, no. 1 (November 17, 2014): 131–46. http://dx.doi.org/10.1163/22116133-90230041.

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This article provides a summary of the main legal questions pertaining to the current wording of Articles 206 and 207 of the Treaty on the Functioning of the European Union (TFEU), which deal with the inclusion of Foreign Direct Investments (FDI) within the scope of the EU Common Commercial policy (CCP). It firstly investigates the concept of capital movement as enshrined in the treaties and relevant EU legislation. Next, the article examines how the new reference to FDI within the scopes of the CCP affects the competence of the EU to conclude new Bilateral Investment Treaties (BITs) with third countries. Finally, the article briefly illustrates a recent proposal for a model EU BIT which would make certain areas of investment protection dependent on sustainable development, social and environmental protection and standards of Corporate Social Responsibility (CSR).
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De Gasperi, G. C. "Making State Aid Control “Greener”: The EU Emissions Trading System and its Compatibility with Article 107 TFEU." European State Aid Law Quarterly 9, no. 4 (2010): 785–806. http://dx.doi.org/10.21552/estal/2010/4/204.

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Immonen, Hanna-Mari. "Selective Fiscal Measures and the Definition of the Relevant Reference Framework in the Light of Cases C‑106/09 P, Commission v Gibraltar and C‑203/16 P, Heitkamp BauHolding v Commission." Helsinki Law Review 13, no. 2 (February 6, 2020): 64–75. http://dx.doi.org/10.33344/vol13iss2pp64-75.

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This article examines fiscal State aids and the selectivity condition. Assessing the selectivity is relatively complex in tax matters since it involves the analysis of the general tax system in which the regime under review applies. The focus of this article is on the selectivity analysis and the analysis of the general tax system i.e. the determination of the relevant reference framework. The definition of the relevant reference framework is still open to various interpretations despite the fact that the European Court of Justice has examined selectivity issues in several cases in the 2000s. The Gibraltar judgement has materially broadened the interpretation of the selectivity condition and the application of Article 107(1) TFEU. The Heitkamp BauHolding judgment confirms the interpretation adopted in the Gibraltar judgement, but also defines the scope of Article 107(1) TFEU in more detail. Yet the offset of the selectivity assessment i.e. the determination of the relevant reference system is still receptive to various interpretations.
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Ferge, Zsigmond. "Comments to the interpretation of the term “medical devices”." Orvosi Hetilap 154, no. 10 (March 2013): 391–93. http://dx.doi.org/10.1556/oh.2013.29559.

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The Court of Justice of the European Union made a decision on medical devices as non-medicinal products for intended use in interpreting the concept of free movement of goods, such as operating principles concerning the subject matter of the interpretation of Directive 93/42/ EEC – in preliminary ruling according to article 267 of TFEU – on 22 November 2012. With its decision, given assigned explained the concept of the scope of medical devices. The decision of the Court is binding not only for the national court initiating a request for the preliminary ruling, but also for all courts of the Member States. Official reference: Dated judgement 22 November 2012 of the Court of Justice of the European Union to C-219/ Case no. 11 – in preliminary ruling according to article 267 of TFEU. Interpreted provisions: Directive 2007/47/EC of The Europen Parliament and of the Council of 5 September 2007 as amended by the Council Directive 93/42/EEC of 14 June 1993 concerning medical devices 1st (2) a) first, second and third indent. Orv. Hetil., 2013, 154, 391–393.
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Botta, Marco. "Book Review: The More Economic Approach under Article 102 TFEU, by Marta Zalewska-Glogowska. (Baden-Baden: Nomos, 2017)." Common Market Law Review 55, Issue 3 (June 1, 2018): 975–77. http://dx.doi.org/10.54648/cola2018087.

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Maletic, Isidora. "A Very Specific and Exhaustive Harmonization of Energy from Renewable Sources: C-549/15, E.ON Biofor Sverige AB v. Statens Energimyndighet [2017] ECLI:EU:C:2017:490." Legal Issues of Economic Integration 45, Issue 3 (August 1, 2018): 299–310. http://dx.doi.org/10.54648/leie2018017.

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The European Union Court of Justice has ruled that Article 18(1) of Directive 2009/28/EC on the promotion of the use of energy from renewable sources does not oblige Member States to authorize imports, via their interconnected national gas networks, of biogas satisfying the sustainability criteria in that directive and intended for use as biofuel. The Court had been asked whether that provision, adopted on the basis of internal market harmonization (pursuant to what is now Article 114 TFEU), obliges Member States to accept sustainable biogas imported via the network of interconnected national gas pipelines and, in the negative, whether that provision breaches the EU free movement of goods rules. The judgment, implicitly exploring the contours of competence as well as ‘exhaustive’ harmonization (in this case, in the economically sensitive renewable energy context), is emphatic of the characteristic symbiosis of ‘positive’ and ‘negative’ integration in the internal market.
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Rodríguez, Ana Lopéz. "Robbing Peter to Pay Paul? isds and ics from an eu Law Perspective." Nordic Journal of International Law 86, no. 4 (November 8, 2017): 470–98. http://dx.doi.org/10.1163/15718107-08604005.

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In 2009 the Treaty of Lisbon conferred upon the European Union the exclusive competence on foreign direct investments (Article 207 tfeu). Following from this new competence the eu has carried out a comprehensive regulation of trade and investment issues and reforms which include the creation of an International Investment Court, as proposed by the European Commission in both ceta and ttip negotiations. This article analyses some of the core legal issues of the proposed Court from a European perspective and comes to the conclusion that the same eu constitutional obstacles allegedly posed by isds are present in the ics. As a result, the Commission’s proposal weakens the perception of isds as a fair and legitimate mechanism to deal with investment-state disputes, whereas it perpetuates the existence of an external and parallel mechanism of dispute resolution outside the European court system.
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Hainbach, Philip. "The CJEU’s Opinion 2/15 and the Future of EU Investment Policy and Law-Making." Legal Issues of Economic Integration 45, Issue 2 (May 1, 2018): 199–209. http://dx.doi.org/10.54648/leie2018010.

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On 16 May 2017, the Court of Justice of the European Union (CJEU) issued its Opinion 2/15 on the requisite competence of the European Union to conclude the EU-Singapore Free Trade Agreement (EUSFTA) without additional ratification by the Member States’ parliaments. The decision produced implications that extend beyond the specific EU-Singapore relation by defining generally how far the exclusive EU competence of the Common Commercial Policy (CCP) under Article 207(1) TFEU stretches post-Lisbon. By ruling that all EUSFTA subjectmatters except non-direct forms of investments and investor-state dispute settlement (ISDS) fall within the scope of the CCP, the Court adopted a broad view that grants much leeway to EU institutions in exercising treaty-making powers exclusively.While this was clearly meant to simplify the internal division of competences and strengthen the EU’s role as a credible, reliable and unitary actor in external economic relations, the Case Review will highlight two negative side effects for the future of EU investment policy and law-making. It will argue that the Opinion negatively impacts the EU’s ability to use its unitary political weight to continue shaping the reformation of international investment law and incentivizes a discontinuation of concluding contemporary trade and investment issues jointly together in one comprehensive economic agreement.
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Dissertations / Theses on the topic "Articolo 207 TFUE"

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BENEDETTO, F. DI. "LA PROTEZIONE DEI SETTORI STRATEGICI EUROPEI." Doctoral thesis, Università degli Studi di Milano, 2016. http://hdl.handle.net/2434/345493.

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“The Protection of the European Strategic Sectors”. The kind of protection that is at the heart of this doctoral thesis is the defence of the strategic companies established in the European Union (EU) from takeovers by foreign investors, that is to say investors from countries which are not part of the European Economic Area. This work aims, on the one hand, at outlining the main features of a screening mechanism of foreign investments at the EU level and, on the other, at identifying the proper legal basis in the EU Treaties for its establishment. Chapter 1 contains a non-exhaustive list of the European strategic sectors which consist in all the economic sectors in which the EU or its Member States have adopted rules to limit foreign investors’ right to acquire participations in strategic companies for reasons of public security. Indeed, the Court of Justice of the EU (CJEU) used the expression “strategic sectors” in relation to undertakings whose activities are deeply linked to the protection of public security. The EU notion of public security contains both internal and external security, but also the production of goods and the supply of services which are essential for the very existence of a country. Chapter 2 provides a comparative study of the present situation of strategic enterprises’ protection in three EU Member States (Germany, Italy and France). It shows that a fragmented landscape of foreign investment control rules adopted by national authorities represents both a constraint to an efficient internal market of capital movements, and a limit to an effective protection of the European strategic sectors. By contrast, an EU foreign investment control mechanism could lead to a less fragmented system of strategic companies’ protection, which would be able to encourage foreign investments. At the same time, a single EU body of foreign investment control should be more efficient in order to protect EU public security. Moreover, unlike Member States measures such as “golden shares”, this mechanism could enjoy a greater degree of compatibility with the fundamental freedoms of the Treaties. In effect, the CJEU recognises a “presumption of conformity” with the freedoms of movement to the EU secondary legislation which pursues objectives of general interest like the protection of public security. Chapter 3 analyses the most significant experience of foreign investment control at the global level, the Committee on Foreign Investment in the United States, in order to understand if it could be a suitable model for the establishment of a similar body in the EU, the Committee on Foreign Investment in the EU (CFIEU). Once outlined the key aspects of the CFIEU, chapter 3 focuses on the search of the most proper legal basis in the EU Treaties for its establishment. The study tries to demonstrate that Article 207(2) TFEU on unilateral measures of Common Commercial Policy (CCP) could be the right legal basis for the creation of the CFIEU. Indeed, after the Lisbon Treaty, the CCP has become an exclusive competence of the EU which also encompasses the admission and the treatment of foreign direct investments. In conclusion, chapter 3 tries to figure out the implications of the establishment of the CFIEU both on Member States competences (especially their exclusive competence on national security by virtue of Article 4 TEU), and on the international obligations undertaken by the EU towards third countries, with particular reference to the World Trade Organisation rules and international investment law.
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Books on the topic "Articolo 207 TFUE"

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Homewood, Matthew J. 3. Preliminary rulings: Article 267 TFEU. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815181.003.0003.

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This chapter discusses Article 267 of the Treaty on the Functioning of the European Union (TFEU). Article 267 TFEU (ex Article 234 EC) gives the Court of Justice jurisdiction to deliver preliminary rulings on the validity and interpretation of EU law. The primary purpose of Article 267 is to ensure that EU law has the same meaning and effect in all the Member States. Where it considers a decision on a question of EU law is necessary to enable it to give judgment, any court may refer that question to the Court of Justice (the discretion to refer). Where a question of EU law is raised before a national court of last resort, that court must refer it to the Court of Justice (the obligation to refer).
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Homewood, Matthew J. 4. Direct actions in the Court of Justice of the European Union: Articles 258–260, 263, 265, 277, and 340 TFEU. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815181.003.0004.

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This chapter discusses articles in the Treaty on the Functioning of the European Union (TFEU) that provide for actions that are brought directly before the Court. Under Articles 258 and 259 TFEU (ex Articles 226 and 227 EC), respectively, the European Commission and Member States may bring enforcement proceedings against a Member State in breach of Treaty obligations. Article 260 TFEU (ex Article 228 EC) requires compliance with the Court’s judgment. Article 263 TFEU (ex Article 230 EC) concerns judicial review of EU acts. The outcome of a successful action is annulment. Article 265 TFEU (ex Article 232 EC) provides for actions against the EU institutions for failure to act.
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Craig, Paul, and Gráinne de Búrca. 15. Review of Legality:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0015.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the grounds for judicial review of a Union act. Article 263 of the Treaty on the Functioning of the European Union (TFEU) specifies four grounds for review: lack of competence; infringement of an essential procedural requirement; infringement of the Treaty or any rule of law relating to its application; and misuse of power. Judicial review, whether direct through Article 263 or indirect through Article 267, is designed to ensure that decision-making is legally accountable.
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Broberg, Morten. Preliminary References as a Means for Enforcing EU Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198746560.003.0007.

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This chapter examines to what extent and how the preliminary reference procedure provided in Article 267 TFEU can be used as a means for private parties to enforce EU law against the Member States. The procedure enables national courts to apply to the Court of Justice to obtain a ruling on the interpretation or validity of an EU legal act. It has in fact become a highly important means for private parties’ enforcement of EU law. Today, the preliminary reference procedure has attained such importance as an enforcement measure that the prospect of a reference to the Court of Justice can of itself induce a Member State party to proceedings before a national court to settle the dispute. Indeed, the preliminary reference procedure is sometimes referred to as ‘indirect enforcement’.
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Book chapters on the topic "Articolo 207 TFUE"

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Łacny, Justyna. "Suspension of EU Funds Paid to Member States Breaching the Rule of Law: Is the Commission’s Proposal Legal?" In Defending Checks and Balances in EU Member States, 269–303. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_11.

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AbstractThe existing scale of violations of the rule of law by some Member States, including capturing judicial independence by their governments, is a relatively new phenomenon for the EU; the one for which the EU based on the EU common values (Article 2 TEU) originally was not prepared to effectively deal with. The EU reacts to current rule of law crisis by using different legal methods and instruments: it inter alia applies existing procedures (Article 7 TEU procedure and with more success general infringement procedure under Articles 258-260 TFEU) and struggles to develop new ones. This contribution is focused on the new EU legislative initiative of connecting in the Multiannual Financial Framework (MFF) 2021–2027 transfers of EU funds to Member States with their observance of the rule of law. Or to put it differently, this legislative initiatives would authorize the EU institutions to suspend regular transfers of EU funds to Member States that systematically breach the rule of law.
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Erlbacher, Friedrich, and Tim Maxian Rusche. "Article 207 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.331.

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Article 133 EC The common commercial policy shall be based on uniform principles, particularly with regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods and services, and the commercial aspects of intellectual property, foreign direct investment, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies. The common commercial policy shall be conducted in the context of the principles and objectives of the Union’s external action.
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Kochenov, Dimitry. "Article 201 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.322.

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Article 185 EC If the level of the duties applicable to goods from a third country on entry into a country or territory is liable, when the provisions of Article 200(1) have been applied, to cause deflections of trade to the detriment of any Member State, the latter may request the Commission to propose to the other Member States the measures needed to remedy the situation.
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Kochenov, Dimitry. "Article 203 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.324.

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Article 187 EC The Council, acting unanimously on a proposal from the Commission, shall, on the basis of the experience acquired under the association of the countries and territories with the Union and of the principles set out in the Treaties, lay down provisions as regards the detailed rules and the procedure for the association of the countries and territories with the Union. Where the provisions in question are adopted by the Council in accordance with a special legislative procedure, it shall act unanimously on a proposal from the Commission and after consulting the European Parliament.
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Kochenov, Dimitry. "Article 204 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.325.

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Article 188 EC The provisions of Articles 198 to 203 shall apply to Greenland, subject to the specific provisions for Greenland set out in the Protocol on special arrangements for Greenland, annexed to the Treaties.
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Kochenov, Dimitry. "Article 202 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.323.

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Article 186 EC Subject to the provisions relating to public health, public security or public policy, freedom of movement within Member States for workers from the countries and territories, and within the countries and territories for workers from Member States, shall be regulated by acts adopted in accordance with Article 203.
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Klamert, Marcus. "Article 209 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.335.

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Article 179 EC The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt the measures necessary for the implementation of development cooperation policy, which may relate to multiannual cooperation programmes with developing countries or programmes with a thematic approach.
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Erlbacher, Friedrich, and Tim Maxian Rusche. "Article 205 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.328.

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The Union’s action on the international scene, pursuant to this Part, shall be guided by the principles, pursue the objectives and be conducted in accordance with the general provisions laid down in Chapter 1 of Title V of the Treaty on European Union.
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Erlbacher, Friedrich, and Tim Maxian Rusche. "Article 206 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.330.

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Article 131 EC by establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.
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Klamert, Marcus. "Article 208 TFEU." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.334.

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Article 177 EC Union policy in the field of development cooperation shall be conducted within the framework of the principles and objectives of the Union’s external action. The Union’s development cooperation policy and that of the Member States complement and reinforce each other.
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