Volume 10 (2015) / Issue 7/8
Since the enactment of the provisions on foreign direct investment in the Treaty of Lisbon, a controversy has arisen on the competence of the EU and the Member States in this field. Recently, the presence of certain investment provisions in the concluded EU-Singapore Free Trade Agreement (EUSFTA) has made the controversy more practical. In an effort to clarify the issue of competence, the European Commission decided to request an Opinion from the EU Court of Justice. The EU Court of Justice will most probably end the controversy and have the last word on the question.
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