The Interrelation Between European Law and Intra-EU
Bilateral Investment Treaties:
In Quest for the Perfect Equilibrium
School of Economics, Business Administration and Legal Studies, LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law
Dr. Komnios, Komninos
Dr. Rosenfeld, Friedrich
Prof Dr. Kaissis, Athanasios
This dissertation was written as
part of the LLM in Transnational and European
Commercial Law, Alternative Dispute Resolution and Energy Law, the
International Hellenic University.
This thesis derives its academic inspiration from the intriguing interplay
between Intra-EU Bilateral Investment Treaties( intra-EU BITs) and the EU Law, generating many fascinating implications. The European Commission’s
Decision on June 2015, to initiating infringement proceedings against five
Member States, requesting them to terminate intra -
EU bilateral investment treaties between them, has stirred the heated debate with regards the position
of intra-EU BITs with the EU legal order
In my dissertation, I decided to deal with some of the fundamental academic questions arising in this context. The multidimensional juxtaposition of interests
where the undebatable need for investment protection under a BIT scheme
with fundamental aspects of the acquiscommunautaire as well as the
status of EU Law and the extent of its intervention in the area of Intra EU BITs,
will, as inherent
features of this interplay, be extensively examined in this thesis.
Furthermore, the issue of compliance with intra -
EU arbitral awards through the prism of EU State Aid rules, as well as the future of the energy Charter Treaty
will be also analyzed.
I would like to express my sincere appreciation and gratitude to my academic
supervisor Pr. Friedrich Rosenfeld, who generously provided
and guidance to complete this thesis.
I am also particularly thankful to the academic staff of the International Hellenic
University for a year full of unforgettable experiences.
Finally, I would like to thank a person who prefers not to be mentioned, but who
has been my rock and my inspiration, throughout t
his period of my life.
This dissertation is dedicated to my beloved family and particularly to my
grandfather who’s presence accompanied always my journey towards
becoming a “real scientist”.