European Foreign Direct Investment Screenings and Control Mechanisms in the Light of the Charter of Fundamental Rights

Despite the judicial doctrine on fundamental rights in the EU being not fully developed yet, the status quo allows us already to contextualize regulatory activities in the fundamental rights framework. The codification of the Charter of Fundamental Rights in the EU has contributed to this development significantly. In this regard, the recent “Regulation establishing a framework for screening of foreign direct investments into the EU” raises several issues, e.g. the personal scope of the Charter – particularly regarding third country entities and state owned enterprises or entities with strong links to third country governments; the material scope of certain fundamental rights with regard to FDI; and eventually the effectiveness of fundamental rights against administrative measures under FDI regulation. The analysis addresses these issues and sheds light on a potential shift concerning the functioning of fundamental rights in this field: from remedies to regulatory design.