Remedies against Unlawful Foreign Direct Investments Screening Measures under the New Common EU Regulation.

The use of powers aimed to check FDIs always poses many problems for foreign investors: firstly, unclear legal frameworks in this field are quite diffused, and this gives a problem of legal certainty; a second related problem concerns the possibility to exercise remedies against unlawful decisions which forbid foreign investments, especially the chance to appeal the decision in court. Very often States do not provide any kind of remedy: in this case the foreign investor can only invoke the diplomatic protection from its own State. As a consequence, special attention will be devoted to the Investor-State dispute settlement mechanism, which allows the involved parties to refer to an international arbiter rather than defer disputes to local courts or to diplomacy, and the new European regulation on FDIs, which obliges every EU member State to guarantee judicial review against screening measures issued by the Government.