Legal Issues within EU and Member States concerning Bilateral Investments Treaties
In: Bulletin of the Transilvania University of Braşov. Series VII, Social sciences, law, Band 14(63), Heft Special Issue, S. 71-80
ISSN: 2066-771X
The article's aim is to analyse the legal issues concerning the compatibility with the EU law of Bilateral Investments Treaties concluded between Member States themselves (intra-EU BITs), on the one hand, and Member State and Third State on the other hand (extra-EU BITs). The questions arise as a consequence of the shift of competence for Foreign Direct Investments from the Member States to the EU, so it is approached as a problem of compatibility between sources of law that belong to different legal systems: international law and European Union law. The author's conclusion is that the EU has, despite several difficulties, succeeded in preserving the autonomy and the primacy of its legal order.