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Anders Neergaard, head of Unit in the Legal Service of the European Parliament, gave a lecture on ‘Bilateral Investment Treaties and the Autonomy and Values of the European Union – THreats or Opportunities’ on January 21, 2019 at the University of Luxembourg (Weicker campus, Luxembourg city). The lecture was part of the Lecture Series on the theme ‘The European Union as a Global International Actor and Investment Treaties’ directed by Pr. Eleftheria Neframi and Dr Mauro Gatti (University of Luxembourg).

 

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.

Abstract

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” BITs and the awards rendered on this basis. Finally, it continues with a reflection on recent Union treaties on these matters.

 

Discussants

  • Professor Emanuel Castellarin, University of Strasbourg. 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”.
  • Dr Mauro Gatti, University of Luxembourg. Mauro Gatti postdoctoral researcher in European Law at the University of Luxembourg.

Information about the Lecture Series “The European Union as a Global International Actor and Investment Treaties”

The conference is part of the Lecture Series on the theme The European Union as a Global International Actor, supported by the FNR (RESCOM Scientific Events). The objective of the Lecture Series is to involve a wide-ranging audience in interactive lectures delivered by renowned scholars in legal or political economy disciplines. The lectures cover various aspects of the external action of the European Union and aim at critically assessing its role in tackling challenges in a context of global governance.

The Lecture Series is organised by Prof. Eleftheria Neframi and Dr Mauro Gatti, University of Luxembourg.

Details

Monday 21 January 2019, 5.30 pm-7.30 pm

University of Luxembourg
Weicker Building – Conference room B 001 (Ground floor)
4, rue Alphonse Weicker, L-2721 Luxembourg

 

Language

English

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