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🇭🇺 #Hungary is making headlines! ✨ In response to the Declaration by 26 EU Member States and the EU aiming to render the #ECT inapplicable in intra-EU disputes retroactively, Hungary has issued a separate Declaration. Hungary emphasizes that EU Member States must respect public international law, and asserts that the disapplication of the ECT in intra-EU disputes can only be achieved in line with the #VCLT. Kudos to Szabolcs Nagy, Trade and Investment diplomat at the Permanent Representation of Hungary to the EU, for this achievement. Read the analysis of this development on #GlobalArbitrationReview and #KluwerArbitrationBlog. A big thank you to GAR and KAB for shedding light on this important development, which holds significant implications for Hungary, the ECT, and the intricate interplay between EU law and public international law. #InternationalLaw #EULaw #ECT #Hungary #PublicInternationalLaw https://lnkd.in/em-YkuVV

EU commission’s statement on the adoption of the “transparency of foreign influence” law in Georgia: The European Union deeply regrets that the Georgian Parliament decided to override the President's veto on the law on transparency of foreign influence, and to disregard the Venice Commission's detailed legal arguments leading to a clear recommendation to repeal this law. The EU has stressed repeatedly that the law adopted by the Georgian Parliament goes against EU core principles and values. Its enactment leads to a backsliding on at least three out of the nine steps (on disinformation; on polarisation; on fundamental rights and involvement of Civil Society Organisations) set out in the Commission's recommendation for candidate status endorsed by EU leaders and will negatively impact Georgia's EU path. Beyond the law on transparency of foreign influence, there has been so far insufficient political attention mobilised to progress substantially on the nine steps. We urge the Georgian authorities to reverse this trend and to return firmly on the EU path. There is still time to change the dynamics – but a strong commitment by the governing authorities is needed. The EU and its Member States are considering all options to react to these developments. We continue to stand with the Georgian people and recognise the choice of overwhelming majority of them for a European future for their country. – Statement by the High Representative with the European Commission on the final adoption of the law on transparency of foreign influence in Georgia #eucommission #Georgia #RussianLaw

Read the first reactions to the declaration of Hungary on the intra-EU application of the Energy Charter Treaty to gain a better understanding why it is often worthwhile to persist even against the strongest tide and choose to respect international and EU law. #ruleoflaw #Komstroy #Hungary #ECT

My take on the EU Member States' inter-se declaration withdrawing from the ECT and Hungary's more balanced approached in GAR: Nikos Lavranos, founder of Dutch consultancy NL-Investmentconsulting, says Hungary’s declaration is a “laudable attempt to do justice to the obligations stemming from public international as well as EU law”.  He tells GAR the EU inter se declaration appears to be “fairly beyond reality” since it asserts that the ECT has never applied as a basis for intra-EU disputes, while there are “dozens” of such disputes that have concluded or are pending. He says the public international law perspective is “completely lacking” in that declaration.  Lavranos says Hungary’s declaration “provides a more balanced and reasonable approach by limiting the non-application of the ECT for intra-EU disputes for the future and by requiring a proper amendment of the ECT on the basis of an international law instrument”. “In this way, arguably, the existing interests of investors and the effect of the Komstroy judgment are both duly respected – at least in a more balanced fashion compared to the 26 member states’ declaration.” https://lnkd.in/euPD3c_a

Controversies surrounding the ECT are still ongoing Recently, the EU Council adopted a controversial position that the Treaty does not apply to intra-EU disputes. Prof Lavanos gives an in-depth legal analysis arguing that only Hungary (paradoxically though) provides a balanced position on the topic. A visible trend where interpretation of laws and Treaties is refined to a political purpose isn't a sign of progress. First, is a reminder about non-liberal practice applied mainly by communist regimes (where all freedoms for example were conditioned to a purpose, 'building communism'). Second, it will give ways to current illiberal forces to criticise the EU stance.

For those who want to quickly familiarize with the recent & most important judgments of the Court of Justice of the EU:

[#PUBLICATION] Yesterday, the EU Council gave its final green light to the EU’s withdrawal from the #ECT, ending the bloc’s participation in a highly controversial treaty.    This follows the UK’s formal withdrawal, confirmed earlier this week, which will take effect next year in April.   However, as things stand, the ECT will continue to apply between the EU and the UK with respect to pre-existing investments due to a 20-year sunset clause. But neither the EU nor the UK has taken any steps yet to de-activate this clause in their relations (and with any other willing ECT parties), which undermines the effectiveness of a climate-driven withdrawal.   In an article recently published in the ICSID Review, our lawyers Clémentine Baldon, Rosanne Craveia and Nikos Braoudakis argue that there are no obstacles under international treaty law to the neutralisation of the ECT’s sunset clause as between a restricted set of parties. #exitECT

Montenegro has taken another significant step in its EU accession process, as the Committee of the Permanent Representatives of the Governments of the Member States to the European Union (COREPER) approved the closure of three additional negotiation chapters. The approved chapters include Chapter 7 (Intellectual Property Law), Chapter 10 (Information Society and Media), and Chapter 20 (Enterprise and Industrial Policy). With this milestone, Montenegro continues to demonstrate progress, having already opened all negotiation chapters and previously provisionally closing three: Chapter 25 (Science and Research), Chapter 26 (Education and Culture), and Chapter 30 (External Relations). #Montenegro #EuropeanUnion #EuropeanIntegration

📣 Today marks the start of the hearings for the 🇪🇺 Commissioners-designate!  Running from 4 to 12 November, this will enable the European Parliament to assess whether they are suitable for the posts to which they have been assigned. Various points directly linked to #TWINSEEDS research will be discussed, such as:  - The Commission's ecological transition priorities, with the proposal for an amendment to include a net 90% emission-reduction target for #2040 - The #CleanIndustrialDeal, of which the #CircularEconomyAct will be a key part - Potential extensions of the scope of the #CarbonBorderAdjustmentMechanism including indirect emissions, of the CBAM’s governance, and of the international impact of the regulation on developing countries, especially Least Developed Countries 💡 Interested in knowing the views of our academics on the matter? Feel free to reach out to us for interviews or comments! ➡️ Follow the hearings starting today with notably Maroš ŠEFČOVIČ, Commissioner-designate, Trade and Economic Security & Interinstitutional Relations and Transparency: https://lnkd.in/ekm_4CJF #CommissionHearings #CircularEconomy #GlobalValueChains