Staatliche Regelungsautonomie und Investitionsschutz

The charged debate on CETA focuses on the agreements´ possible effects on democratic institutions. In particular, critical voices fear a "regulatory chill"-effect. Defenders argue that such an effect is not to be expected because CETA regularly defines lower obligation than the national law. This paper has the aim to further examine this defense by comparing the property protection provisions of CETA with the national law, with a focus on the constitutional standards of the Grundgesetz. This allows the identification of possible excessive regulatory tendencies as well as an assessment of the potential risk of a "regulatory chill"-effect.