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Foreign Investment Control Procedures as a Tool for Enforcing EU Strategic Autonomy

Insight

Abstract: The adoption of EU Regulation 2019/452 establishing a framework for the screening of foreign direct investment into the Union has been met with many reservations. While it appeared that it was becoming crucial for the EU to adopt a screening instrument in order to protect essential European interests, the mechanism that came into force in...

Does the EU's Digital Sovereignty Promote Localisation in Its Model Digital Trade Clauses?

Insight

Abstract: The EU increasingly advocates a message of tech or digital sovereignty as its future, which appears to align closely with the concept of strategic autonomy. Arguably digital sovereignty has a highly differentiated understanding in the EU as opposed to the US or China. Increasingly, many suggest EU digital sovereignty in the era of the GDPR...

Special Focus on EU Strategic Autonomy and Technological Sovereignty: An Introduction

Insight

Abstract: This Special Focus aims at reflecting on the concepts of European technological sovereignty (ETS) and European strategic autonomy (ESA). Taking a legal perspective, it gathers the Insights of a group of scholars on highly debated issues such as the EU’s strategic autonomy, technical and digital sovereignty....

Strategic Autonomy: A New Identity for the EU as a Global Actor

Insight

Abstract: Over the last decade, strategic autonomy has become a key tool for structuring the EU’s external action. This Insight examines the evolution of the concept in EU discourse and practice, explores its consequences on the emergence of the notion of "European sovereignty", and analyses how strategic autonomy is used to streamline both...

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...

Simple Abstention and Constructive Abstention in the Context of International Economic Sanctions: Two Too Similar Sides of the Same Coin?

Insight

Abstract: Constructive abstention, provided for in art. 31(2) TEU, has been conceived of as an instrument applicable to CFSP acts. As art. 215 TFEU establishes an integrated regime in which CFSP decisions and TFEU regulations are interdependent on each other, the issue arises as to whether the scope of constructive abstention can be extended to...

L’effettività del cd. 'regolamento di blocco' tra coercizione straniera e libertà di impresa: la Corte di giustizia si pronuncia nel caso Bank Melli Iran

Insight

Abstract: On 21 December 2021, the Court of Justice decided the case Bank Melli Iran v Telekom Deutschland GmbH (case C-124/20, ECLI:EU:C:2021:1035), relating to the interpretation of Regulation 2271/96 protecting against the effects of extraterritorial application of legislation adopted by a third country, better known as the “blocking...

First-Ever EU Funding of Lethal Weapons: 'Another Taboo Has (Lawfully) Fallen'

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Keywords: supply of lethal arms – CFSP – European Peace Facility – Ukraine – territorial integrity – international security.

By decision of 28 February 2022,[1] the Council of the EU unanimously decided to fund (in the amount of euro 1 840 000 000, as last increased by Council...

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