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Slovak Republic welcomes decision by the European Commission to start infringement proceedings against it and other EU Member States over controversial bilateral investment treaties concluded between EU Member States
Today the European Commission ("Commission") announced that it will commence proceedings against five EU Member States, including the Slovak Republic, pursuant to Article 258 of the Treaty on the Functioning of the European Union. The Commission's decision to start these so-called infringement proceedings comes because it considers that bilateral investment treaties ("BITs") concluded between EU Member States (so-called "intra-EU BITs") would be in contravention of Member States' obligations under EU law. The Slovak Republic shares the same concern regarding the conflict of intra EU BITs with EU law. The undesired fact is that EU investors have frequently invoked these controversial intra-EU BITs also against the Slovak Republic.
The Ministry of Finance of the Slovak Republic welcomes the decision by the Commission.
Intra-EU BITs have long been controversial. They have been and to date continue to be invoked by EU investors against EU Member States with a view to commence proceedings before international arbitral tribunals rather than before Courts of EU Member States. Unlike Courts of EU Member States these international arbitral tribunals do not operate within the EU legal framework. Therefore, they risk and potentially undermine the uniform application of EU law which is one of the core obligations of EU Member States, including the Slovak Republic.
The Ministry of Finance of the Slovak Republic cannot comment more on this Commission decision. While it may take considerable time for the infringement proceedings to lead to a decision by the Court of Justice of the European Union ("CFEU") if the efforts of its mutual termination, as required by Commission, failed, such a decision is likely to provide legal certainty with respect to intra-EU BITs. Legal certainty is crucial for both investors and EU Member States. The Slovak Republic welcomes investors from around the world, including of course from other EU Member States. The Slovak Republic is also committed to the rule of law in and in particular its obligations under EU law.
Press Department
Ministry of Finance of Slovak Republic
http://europa.eu/rapid/press-release_IP-15-5198_en.htm?locale=en
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