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Admission et protection des investissements étrangers à l’ère des sanctions européennes contre la Russie visant à protéger l’intégrité territoriale de l’Ukraine

Insight

Abstract: The intensification of restrictive measures adopted by the European Union and its member states in the wake of Russia's offensive in Ukraine raises the question of their interaction with legal regimes applicable to foreign investments which follow diametrically opposed objectives. Indeed, recent trends show that foreign investment regimes...

Let’s Call It What It Is: Hybrid Threats and Instrumentalisation as the Evolution of Securitisation in Migration Management

Insight

Abstract: This Insight examines the discourse surrounding the instrumentalisation of migration and its impact on monitoring the EU’s external borders. It analyses the regulatory response, focusing on the Instrumentalisation Regulation, to determine if an exceptional emergency response is justified. The article explores recent arguments...

A Country, but not a State? The Apparent Paradox of International Statehood in Case C-632/20 P, Spain v Commission (Kosovo)

Insight

Abstract: In the case of Spain v Commission the General Court and the Court of Justice of the European Union had to determine whether Kosovo fell into the scope of the definition “third countries” for the purposes of art. 35 of Regulation (EU) 2018/1971 (the “BEREC Regulation”). Despite offering differing viewpoints, the two courts arrived...

Reinforcing Europe's Technological Sovereignty Through Trade Measures: The EU and Member States' Shared Sovereignty

Insight

Abstract: This Insight focuses on the EU and Member States’ initiatives to reinforce Europe’s technological sovereignty (i.e. technological leadership and independence from others (especially China)) as far as semiconductors are concerned. It explores whether it is necessary to change the current allocation of powers...

Setting Norms and Promoting a Rules-based International Legal Order: Enhancing Strategic Autonomy Through the Autonomy of the EU Order

Insight

Abstract: This Insight analyses whether and to what extent the legal implication of the EU operating as an autonomous legal order can contribute to also ensuring its strategic autonomy. The way the European Court of Justice has interpreted the autonomy principle and preserves the autonomy of the EU legal order enhances the strategic...

Fostering ‘European Technological Sovereignty’ Through the CSDP: Conceptual and Legal Challenges. First Reflections Around the 2022 Strategic Compass

Insight

Abstract: The expression “European Technological Sovereignty” (ETS) has gained momentum in EU discourses. However, it is not defined in EU policy documents and legal acts. Although ETS is mainly connected with the functioning of the internal market, this idea is employed in an array of spheres where the EU enjoys different types of competences. This...

The Legal Framework of the EU Defence Industry and the Pursuit of Strategic Autonomy

Insight

Abstract: National autonomy in the defence industry sector is often considered key by Member States to guarantee their national security interest. However, recent developments such as the Russian military aggression against Ukraine brought the need for further integration in this domain into the spotlight. The aim of this Insight is to...

EU Space Policy and Strategic Autonomy: Tackling Legal Complexities in the Enhancement of the ‘Security and Defence Dimension of the Union in Space’

Insight

Abstract: EU space policy is an important field in the pursuit of EU strategic autonomy, both as regards the need to protect EU space infrastructures (and industry) from external threats and as regards the need to strengthen EU capacity to act in the space domain for security and defence purposes. However, some complexities exist in the governance...

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