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Dr Marek Jaśkowski
ORCID: 0000-0001-6598-810X

PhD, Assistant Professor at the Cardinal Stefan Wyszyński University in Warsaw (Faculty of Law and Administration) and a legislation specialist in the Bureau of Research of the Chancellery of the Sejm (Lower House of Polish parliament). His current research interests focus on EU internal market law, state-owned enterprises and higher education institutions.

 
DOI: 10.33226/0137-5490.2024.2.4
JEL: F21, F52, K33

The principle of neutrality, embodied in Article 345 TFEU, leaves to the Member States the decision concerning private or public form of ownership of enterprises. Over the years it has been argued that the pertinence of the principle has faded in the practice of EU institutions. The following contribution examines how this principle is applied by the Court of Justice in the area of the free movement of capital, and more specifically – to what extent this internal market freedom undermines the principle of neutrality. It has been concluded that after the Essent judgment the status of the principle has been further reduced, if not rendered nugatory, which is difficult to reconcile with Article 345 TFEU.

Keywords: Essent case; European Union; free movement of capital; privatisation; principle of neutrality
DOI: 10.33226/0137-5490.2021.1.7
JEL: F210, F520, K330

The conditions for mechanisms of screening of foreign direct investments employed by EU Member States are set out in Article 3 of EU Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union. The purpose of the article is to assess the consequences of this provision for Polish law, with particular emphasis on the possible need for legislative intervention to ensure its full effectiveness. The following requirements have been taken into consideration: non-discrimination, transparency, appropriate timeframes, protection of confidential information, ensuring the right of recourse, preventing circumvention of the screening mechanism. The analysis leads to a conclusion that the entry into force of Article 3 of Regulation 2019/452 does not require Polish legislation to be amended.

Keywords: foreign direct investment screening; EU Regulation 2019/452; Law on control of certain investments; protection of business secrets