New challenges for international investment in the EU

The EU has legislative competence in matters where member states have decided to cede part of their competence to the EU. Therefore, the term competence is very important. Granting competence to the union means that only the union is allowed to act on specific issues and member states can not make decisions except when they are allowed to. Historically, the competence of the European Union is unclear, which has led to creative interpretations by the Court of Justice of the European Union. The lack of clarity on the EU's competence has also raised concerns among some member states about EU interference in their sovereignty. The Treaty on the Functioning of the European Union (TFEU) in 2009 introduced many changes in EU law. One of these changes is the granting of Exclusive competence of foreign investment to this union.
Current investment negotiations have exhaustion due to lack of coordination between the EU and its member states, developments at EU level in support of investment under bilateral investment treaties (BITs) between EU member states and third countries, and in Concerns have been raised among EU member states. Therefore, it is necessary to discuss the investment situation in the EU before and after the Lisbon Treaty, and in the context of the changes made in 2009 and the granting of Exclusive competence to the EU, this new situation and the problems that arise.