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Changes at "Investment Protection Standards and Effective, Impartial Dispute Resolution"

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Title (English)

  • +Investment Protection Standards and Effective, Impartial Dispute Resolution
  • +Investment Protection Standards and Effective, Impartial Dispute Resolution
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Additions
  • +Investment Protection Standards and Effective, Impartial Dispute Resolution
Deletions
Additions
  • +Investment Protection Standards and Effective, Impartial Dispute Resolution

Body (English)

  • +The Union must provide for substantive rights that provide investors from one Member State in another with equivalent investment protection (standards) and recourse to efficient and impartial dispute resolution mechanisms that is as robust as that which is provided by Bilateral Investment Treaties concluded by the Netherlands and Germany in the past. The corrosion of the rule of law in the new Member States shows how crucial such investment protection is, while intra-Union investment is indispensable for convergence and cohesion. Investors can no longer rely on courts in countries such as Bulgaria, Romania, Hungary, Poland – nor on the Council of State in the Netherlands for that matter. If the Court of Justice bans arbitration, the Union must set up a separate court as it did with the Patent Court or an effective Solvit-based instrument with one instance and immediate enforceability of rulings. A model like the Complaint Institute for Financial Services (‘KiFiD’) in the Netherlands would also be a cost-effective and high-quality option. An Investment Protection and Facilitation Framework Regulation must be adopted as soon as possible and contain at minimum a category of material rights of equivalent effect as existing BITs. Such rights could then also form the basis for reviewing national measures by the Court of Justice through preliminary references.
  • +The Union must provide for substantive rights that provide investors from one Member State in another with equivalent investment protection (standards) and recourse to efficient and impartial dispute resolution mechanisms that is as robust as that which is provided by Bilateral Investment Treaties concluded by the Netherlands and Germany in the past. The corrosion of the rule of law in the new Member States shows how crucial such investment protection is, while intra-Union investment is indispensable for convergence and cohesion. Investors can no longer rely on courts in countries such as Bulgaria, Romania, Hungary, Poland – nor on the Council of State in the Netherlands for that matter. If the Court of Justice bans arbitration, the Union must set up a separate court as it did with the Patent Court or an effective Solvit-based instrument with one instance and immediate enforceability of rulings. A model like the Complaint Institute for Financial Services (‘KiFiD’) in the Netherlands would also be a cost-effective and high-quality option. An Investment Protection and Facilitation Framework Regulation must be adopted as soon as possible and contain at minimum a category of material rights of equivalent effect as existing BITs. Such rights could then also form the basis for reviewing national measures by the Court of Justice through preliminary references.
Deletions
Additions
  • +The Union must provide for substantive rights that provide investors from one Member State in another with equivalent investment protection (standards) and recourse to efficient and impartial dispute resolution mechanisms that is as robust as that which is provided by Bilateral Investment Treaties concluded by the Netherlands and Germany in the past. The corrosion of the rule of law in the new Member States shows how crucial such investment protection is, while intra-Union investment is indispensable for convergence and cohesion. Investors can no longer rely on courts in countries such as Bulgaria, Romania, Hungary, Poland – nor on the Council of State in the Netherlands for that matter. If the Court of Justice bans arbitration, the Union must set up a separate court as it did with the Patent Court or an effective Solvit-based instrument with one instance and immediate enforceability of rulings. A model like the Complaint Institute for Financial Services (‘KiFiD’) in the Netherlands would also be a cost-effective and high-quality option. An Investment Protection and Facilitation Framework Regulation must be adopted as soon as possible and contain at minimum a category of material rights of equivalent effect as existing BITs. Such rights could then also form the basis for reviewing national measures by the Court of Justice through preliminary references.
Deletions
Additions
  • +The Union must provide for substantive rights that provide investors from one Member State in another with equivalent investment protection (standards) and recourse to efficient and impartial dispute resolution mechanisms that is as robust as that which is provided by Bilateral Investment Treaties concluded by the Netherlands and Germany in the past. The corrosion of the rule of law in the new Member States shows how crucial such investment protection is, while intra-Union investment is indispensable for convergence and cohesion. Investors can no longer rely on courts in countries such as Bulgaria, Romania, Hungary, Poland – nor on the Council of State in the Netherlands for that matter. If the Court of Justice bans arbitration, the Union must set up a separate court as it did with the Patent Court or an effective Solvit-based instrument with one instance and immediate enforceability of rulings. A model like the Complaint Institute for Financial Services (‘KiFiD’) in the Netherlands would also be a cost-effective and high-quality option. An Investment Protection and Facilitation Framework Regulation must be adopted as soon as possible and contain at minimum a category of material rights of equivalent effect as existing BITs. Such rights could then also form the basis for reviewing national measures by the Court of Justice through preliminary references.
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Avatar: Jeroboam von Eck Jeroboam von Eck
Version created at

02/12/2021 15:31

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