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Opinion 1/17 and the future of Member States extra-EU BITs

Unité de recherche en droit - Faculté de Droit, d'Économie et de Finance - Université du Luxembourg

Wednesday, 25 September 2019 from 12:30 to 14:00 (CEST)

Opinion 1/17 and the future of Member States extra-EU...

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The status of Member States international agreements under EU law is a somewhat classic question of EU external relations law. The relation between MS international commitments and the obligations stemming from their membership to the EU raises issues of high constitutional relevance for the EU legal order. In essence, this problems ultimately calls into question the role of the Member States as international legal actors, as well as the EU’s own legal actorness as a hybrid subject which is, de iure and de facto, gradually eroding the MS’ legal space on the international plane. From this perspective, one of the – intended or unintended – questions (re)opened by Opinion 1/17 is the legality under EU law of MS extra-EU BITs. As is well-known, such legality was put into question and has raised a fierce debate in the aftermath of the coming into force of the Treaty of Lisbon. The debate culminated in the adoption of a so-called Grandfathering Regulation, which allowed the MS to (provisionally) maintain in force their existing BITs, and even conclude new ones under certain conditions. However, the vast majority of such BITs all include a traditional ISDS. In Opinion 1/17, the ECJ seems to have given some signals as to the incompatibility with EU law of old style ISDS. Would that mean that MS extra-EU BITs featuring such ISDS are incompatible with EU primary law? If yes, would the MS be able to invoke Article 351 TFEU by analogy? Is the protection afforded by this provision sufficient and adequate? The aim of this seminar is to answer these questions and shed light on the present and future status of MS extra-EU BITs under EU law in the wake of Opinion 1/17.



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Do you have questions about Opinion 1/17 and the future of Member States extra-EU BITs? Contact Unité de recherche en droit - Faculté de Droit, d'Économie et de Finance - Université du Luxembourg

When & Where

University of Luxembourg
Weicker Building - conference room B 001 (ground floor)
4, rue Alphonse Weicker
L-2721 Luxembourg

Wednesday, 25 September 2019 from 12:30 to 14:00 (CEST)

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Unité de recherche en droit - Faculté de Droit, d'Économie et de Finance - Université du Luxembourg

La Faculté de droit, d’économie et de finance (FDEF) à l’Université du Luxembourg (UL) offre un environnement unique en matière de recherche et d’enseignement. La proximité de plusieurs institutions européennes, un secteur financier dynamique et international, ainsi que la présence d’entreprises innovatrices constituent des alliés naturels pour la Faculté. Ceux-ci sont enrichis par le parrainage de chaires, des partenariats privilégiés mais aussi par des professionnels venant enseigner des cours de haut niveau dans les programmes de la Faculté. Les programmes académiques sont principalement bilingues (Français et Anglais), bien qu’un nombre de programmes en masters sont enseignés entièrement en anglais.  

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