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Bilateral Investment Treaties and the Autonomy and Values of the European Union - Threats or Opportunities

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Conférencier : Anders Neergaard, Head of Unit in the Legal Service of the European Parliament
Date de l'événement : lundi 21 janvier 2019 17:30 - 19:30
Lieu : University of Luxembourg
Weicker Building
Conference room B 001 (Ground floor)
4, rue Alphonse Weicker
L-2721 Luxembourg

Discussants

Emanuel Castellarin is Professor of International and European Law at the University of Strasbourg and director of the Fédération de Recherche “L’Europe en mutation”.

Mauro Gatti is postdoctoral researcher in European Law.

According to the Treaties, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens in its relations with the wider world. Against this background, the presentation looks at how the Union shall contribute to a number of objectives such as sustainable development, free and fair trade, the protection of human rights, and to the strict observance and the development of international law. It then continues with the case law of the Court, according to which an international agreement cannot affect the allocation of powers fixed by the Treaties or, consequently, the autonomy of the EU legal system, considering that the Court is currently examining the compatibility of invest-state dispute resolution with this autonomy of the Union legal order. Taking the promotion of values and the autonomy of the Union legal order as a starting point and bearing in mind the recent criticism in the public debate against investor state dispute settlement, the presentation then looks at some existing “traditional” BIT's and the awards rendered on this basis. Finally, it continues with a reflection on recent Union treaties on these matters.

Speaker

Anders Neergaard entered the Legal Service of the European Parliament in 1996 and is since May 2014 the Head of unit for the Unit for external relations. Until 30 April 2014, Mr Neergaard worked as a legal expert in the Unit Economic and scientific policies, where his specific responsibility was the Committee on Economic and Monetary Affairs (ECON). Mr Neergaard also specialized in issues related to delegated acts and implementing acts (in the past Comitology).  Earlier he worked in the Unit Contractual and financial law and in the Unit Parliamentary issues and Members' rights in the Legal service. Prior to entering the services of the European Parliament, Mr Neergaard worked a brief period as Lawyer Linguist at the Court of Justice of the European Communities. His career however began as a Judge in the General Courts of Sweden, a career which he left as Hovrättsassessor. Before entering this career he had fulfilled the law practice as Tingsnotarie (referendar) at a General Court in Sweden.

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Fichier : invitation 21 janvier 2019.pdf 83,85 kB