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Dr Marek Jaśkowski
ORCID: 0000-0001-6598-810X
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, public security, state-owned enterprises and foreign investment law.
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

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, public security, state-owned enterprises and foreign investment law.