Foreign Direct Investment Screening in the EU – Future Perspectives and Implied Obligations

Regulation (EU) 2019/452 of the European Parliament and Council 19 March 2019 establishing a framework for screening foreign direct investments into Union establishes by Member States on grounds security or public order. In addition, it introduces two separate cooperation mechanisms, depending whether investment is undergoing screening. Although largely provides non-controversial procedural requirements (relating to transparency, non-discrimination, relevant time frames, coordination, confidentiality, assistance mutual communication), also contains specific implied obligations, which may prove be especially burdensome have no legislation. does not expressly oblige adopt mechanism. Nevertheless, Commission’s activities communications seem suggest that ultimate goal sought achieved all introduce national legislation in foreseeable future.