Configuración de un marco europeo para el control de las inversiones extranjeras directas

  1. Ana Fernández Pérez 1
  1. 1 Universidad de Alcalá
    info

    Universidad de Alcalá

    Alcalá de Henares, España

    ROR https://ror.org/04pmn0e78

Journal:
La Ley Unión Europea

ISSN: 2255-551X

Year of publication: 2019

Issue: 69

Type: Article

More publications in: La Ley Unión Europea

Abstract

The EU wants to and will remain the most attractive destination for foreign direct investment in the world. However, in exceptional cases, foreign investments may represent a risk for security or public order in Member States or in the whole Union. This could be the case for example when a foreign investor seeks to acquire control of European businesses whose activities affect critical technologies, infrastructure, inputs or sensitive information. In some cases, the risk may be exacerbated by the fact that investors are owned or controlled by the state of a third country. Foreign direct investment into the EU made by third country companies has become i n c r e a s i n g l y c o m m o n , t a k i n g t h e f o r m o f m e r g e r s , acquisitions, joint ventures or new businesses As a response to the growing demand for foreign direct investment, the EU has adopted Regulation (EU) 2019/452 which allows for better cooperation between the Commission and European governments to guarantee security and public order. The aim is to ensure that foreign investment does not pose a threat to critical infrastructure or allow access to sensitive information or key technologies, while keeping the EU open for investment