Lunch seminar with Pawel Marcisz

The EU Debate over investment court system.

Pawel Marcisz would like to present a project investigating the debate over the investor-state and investor-Union dispute resolution system in new international agreements negotiated by the EU. The model adopted in these agreements, so-called investment court system, is promoted by the European Commission as a remedy for the shortcomings of traditional arbitration. For its critics, however, it is merely a reiteration of the traditional investor-state arbitration, with no substantive improvement. The project analyses how the Commission and its opponents in the public dispute over the system both employ the EU authority as an argument advancing their positions.

During the presentation Pawel Marcisz would like to present and discuss his preliminary conclusion that, contrary to the recent opinion of Advocate General Bot, investment court system is incompatible with Court of Justice case-law on the principle of autonomy of EU law.

The other point Pawel Marcisz would like to raise is the apparent conflict between the interest of the Commission and the interest of the Court of Justice. Whereas the Court’s competences are protected under the aegis of autonomy of EU law, the Commission seems to treat trade agreements as an opportunity to strengthen the EU (and hence its own) position vis-a-vis the member states. This collision of interests seems unusual as ordinarily the Commission and the Court share the common interest in strengthening integration – which interest is still present in this case though in two competing interpretations. The question is whether the current situation may be indeed understood as the competition for power between the Court and the Commission and whether such situation is unprecedented, or it is possible to find similar patterns in the history of EU integration.

All interested are welcome to attend. Registration is not necessary.

Feel free to bring your own lunch bag.