http://www.kluwerlawonline.com/toc.php?pubcode=leie en-gb Mon, 17 Jun 2013 21:01:12 -0500 Mon, 17 Jun 2013 21:01:12 -0500 http://www.rssboard.org/rss-specification http://www.kluwerlawonline.com/LEIE2013006 Legal Issues of Economic Integration

Content Type Journal Article

Part of Volume 40, Issue 2

Journal Legal Issues of Economic Integration

Online ISSN 1566-6573

Print ISSN 1566-6573

]]> Thu, 04 Apr 2013 12:00:00 +0000 http://www.kluwerlawonline.com/LEIE2013006 http://www.kluwerlawonline.com/LEIE2013007 Legal Issues of Economic Integration The integration of environmental criteria into public procurement contracts can constitute a powerful tool to promote desired environmental practices in the EU. As major purchasers of goods and services from the private sector, public entities have significant market power allowing them to influence corporate behaviour by attaching environmental criteria to public contracts. Behind the background of the current revision of the procurement directives, this article discusses the potential implications of the environmental integration principle (EIP) on public contracting in the EU. It is argued that Article 11 TFEU incurs an obligation for the EU legislator to ensure that national authorities are not in a position to entirely disregard environmental concerns. Moreover, the environmental integration principle implies an obligation for a wide use of environmentally friendly procurement mechanisms where no conflict with the objectives of value for money and competitive tendering arises. In the case of competing interests, a proper balancing exercise requires environmental measures that are least restrictive on competitive tendering as well as a procurement framework that is least restrictive on environmental protection.

• Content Type Journal Article
• Part of Volume 40, Issue 2
• Authors
  • Anja Wiesbrock, University of Oslo, Department of Private Law.
• Journal Legal Issues of Economic Integration
• Online ISSN 1566-6573
• Print ISSN 1566-6573

]]> Thu, 04 Apr 2013 12:00:00 +0000 http://www.kluwerlawonline.com/LEIE2013007 http://www.kluwerlawonline.com/LEIE2013008 Legal Issues of Economic Integration 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.

• Content Type Journal Article
• Part of Volume 40, Issue 2
• Authors
  • Ramón Vidal Puig, Member of the Legal Service of the European Commission.
• Journal Legal Issues of Economic Integration
• Online ISSN 1566-6573
• Print ISSN 1566-6573

]]> Thu, 04 Apr 2013 12:00:00 +0000 http://www.kluwerlawonline.com/LEIE2013008 http://www.kluwerlawonline.com/LEIE2013009 Legal Issues of Economic Integration Article 344 TFEU forbids Member States to pursue any other means of dispute settlement, when issues regarding the application and interpretation of the Treaties are concerned. The Court of Justice extended this principle to include disputes arising under international agreements, where the subject matter falls under European Union (EU) competence. At the same time, the number of international agreements to which direct effect is not granted is slowly rising. Consequently, the question arises whether Member States still have proper access to justice under these international regimes vis-à-vis other Member States or the EU, given that: first, they cannot pursue litigation under the agreements' dispute resolution system if the foreign body risks interpreting the agreement, which also forms part of EU law; second, they cannot rely on these agreements before the Court. This article argues that a rethinking of the direct effect doctrine of international agreements is necessary. Member States should not be equated with individuals, when invoking international agreements before the Court to challenge the validity of EU acts.

• Content Type Journal Article
• Part of Volume 40, Issue 2
• Authors
  • Szilárd Gáspár-Szilágyi, Department of Law, Aarhus University.
• Journal Legal Issues of Economic Integration
• Online ISSN 1566-6573
• Print ISSN 1566-6573

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