The Competence of EU on Foreign Direct Investment

Abstract

The following article attempts to analyze briefly the different aspects related to the inclusion of the foreign direct investment in the common commercial policy of the European Union, after the Treaty of Lisbon. Firstly, the practice of the European Union on investment issues before the Treaty of Lisbon will be reviewed, afterwards, the interpretations developed for the concept “foreign direct investment” within the common commercial policy will be summarised, stressing the different opinions on the scope of this policy in relation with this concept, after the Lisbon Treaty. Finally, the possible implications of this competence for bilateral investment treaties celebrated among the member states and among them with third countries will be considered.