Die Grenzen der Verlagerung von Gerichtszuständigkeiten beim europäischen Investitionsschutz

Following the ECJ's Achmea ruling, uncertainty reigned in European investment protection. In particular, the termination of all bilateral investment treaties between Member States created a vacuum with regard to the protection of Member States' investments and law enforcement. There are various options for filling this gap, each of which involves a degree of legal uncertainty. The most legally secure alternative to a judicial body independent of the Member States would be the establishment of a specialised court under Article 257 TFEU. Its autonomous design could take account of procedural specificities and rely on an established structure.