Il controllo degli investimenti esteri diretti dopo Lisbona : l'Unione europea a confronto con il modello statunitense

This paper tries to answer the following question: is it possible to create in the EU a Committee similar to the Committee on Foreign Investment in the US (CFIUS)? The European Parliament considers that a European equivalent of the CFIUS would be desirable to protect the strategic sectors of the European economy. Therefore, the paper sets the essential aspects of the US model of control on Foreign Direct Investment (FDI) and tries to identify in the EU Treaties the proper legal basis for the institution of a Committee on FDI in Europe. The legal basis deemed to be correct is Article 207 (2) of the TFEU (unilateral measures of common commercial policy). Thus, the EU Commission could be vested with the power to review the compatibility of inward FDI with the EU general interest through an EU regulation adopted in virtue of Article 207 (2). The Commission would be assisted by a Committee similar to the CFIUS. Then, the paper explores the possible consequences of the adoption of such a regulation in the EU on the legal systems of the Member States. At last, this work tries to demonstrate that the sole responsibility of the Member States in the field of national security, recognized by Article 4 (2) TEU, is not an obstacle to the adoption of the EU regulation assumed here.