Former UK prime minister Gordon Brown has recommended the Irish innovation of the citizens’ assembly to inform and guide public opinion. Theresa May, too, included a glancing reference to the notion in her recent House of Commons speech. They are mistaken, though, if they believe that this formula has much to offer in the UK.
On European judges looking out for one another, and other glad and less glad constitutional tidings.
The proposal for a regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments into the European Union (Draft Proposal) presupposes (some would even say: proposes) investment screening and control mechanisms (ISCMs) at member state level. Approaching ISCMs from the angle of legal redress raises three questions: Legal redress to what end? Legal redress by who? Legal redress by which material standards? Sorting out these questions is of vital interest for stakeholders. For investors and their counsel confronted with a new layer of regulation and uncertainty, as much as for member states ... continue reading
The 30th of January 2019 will undoubtedly be remembered as a milestone day in the development of Slovak constitutional law, signaling the start of a new, second, stage of development. The first stage started on 1 September 1992 (the day of adoption of the Constitution of the Slovak Republic) and lasted until 30 January 2019. The second stage started with the Slovak Constitutional Court decision, of 30 January 2019, that an amendment to the Constitution is invalid for violating the material core of the Constitution.
The reason Continental Europe so often misunderstands what is happening in the UK is that it views events there either as developments in an international negotiation or as a crisis of the Tory party. The reality is that we are witnessing a constitutional system in crisis. One of the oldest constitutional systems in the world is trying to digest three paradigm shifts – and it is trying to do so in one gulp.
The national investment screening mechanisms for the defence and security sector are the Doyen of the existing screening mechanisms, and their bases in EU secondary and primary law are not so hidden. The discrimination of investors on grounds of nationality have some specific bases in topical EU Regulations or Directives, but most importantly in the EU-Treaties themselves: Article 346 TFEU allows Member States to prevent foreign investments on grounds of national security considerations, and that, interestingly, irrespective of a takeover attempt from a company from inside the European Union, or from a third country. Before taking a closer look at ... continue reading
Colombia is the first country in the world with a peace agreement that includes the Rome Statute obligations of the International Criminal Court in its new transitional justice system. But after a change of government last year, the Special Jurisdiction for Peace (SJP) is already coming under attack before it has barely started.
On 19 December 2018, the German government has passed amendments to the German Foreign Trade and Payments Act (»AWG”) and to the German Foreign Trade and Payment Ordinance (»AWV”) whose compatibility with European law is highly questionable. The structure and scope of investment review provided for under the AWG in conjunction with the AWV is that the Federal Ministry of Economics, the competent German authority, possesses an extensive ex-post examination competence regarding the acquisition of shares of German companies by third-country nationals. Of particular importance for foreign direct investments (FDI) is the screening of sector specific and cross-sectoral investments by ... continue reading
Screening of foreign direct investments could take place through European company law. The harmonization of company law in the European Union as well as the CJEU’s case law offer mechanisms which could be used for the screening of foreign direct investments. Although their primary objective is »the protection of the interests of members and others«, they could also contribute significantly to an effective screening of foreign direct investments. There are five main avenues in European company law that could be used to screen foreign direct investment: the Takeover Bids Directive in the context of listed companies, the lawful golden shares ... continue reading
In 2019, Slovakia selects nine out of thirteen constitutional court judges and the hearings of the candidates for the nominees for the vacant seats were publicly broadcast. The atmosphere of the hearings and the overall context of the 2019 appointment process, however, yield at least five, and not that optimistic, lessons.
13. September 2025
Giovanni Capoccia
12. September 2025
Anne Peters
12. September 2025
Anne Peters