The Commission has decided to open infringement proceedings against Austria, Sweden, Belgium, Luxembourg, Portugal, Romania and Italy for failing to effectively remove from their legal orders the intra-EU Bilateral Investment Treaties (BITs) to which they are contracting parties, so that they cease to produce any legal effects. It has been the Commission's long-standing position that BITs between EU Member States constitute a parallel treaty system overlapping and conflicting with Union law, thereby preventing its full application. Following the judgment of the Court of Justice of the European Union in Achmea (C-284/16), all Member States committed in 2019 to terminate their intra-EU BITs in a coordinated manner by means of either plurilateral agreementor expedient bilateral terminations. The Commission notes that Austria and Sweden did not sign the plurilateral agreement with other Member States and have not finalised the bilateral termination of their intra-EU BITs. Meanwhile, Belgium, Luxembourg, Portugal, Romania and Italy signed the plurilateral agreement in May 2020, but have not yet completed its ratification process, necessary to ensure legal certainty for investors and businesses. The Commission urges the above mentioned Member States to urgently take all necessary action to remove the intra-EU BITs from their legal order, bearing in mind their incompatibility with Union law. Without a satisfactory response from them within two months, the Commission may decide to address reasoned opinions. In addition, the Commission has sent a complementary reasoned opinion to Sweden for failing effectively to ensure that its Bilateral Investment Treaty (BIT) with Romania ceases to produce legal effects. Although Sweden removed the BIT from its legal order formally and unambiguously via mutual agreement with Romania, it has failed to ensure the required degree of legal certainty for investors and businesses, as it did not eliminate in practice all legal effects that the BIT had produced since its incompatibility with Union law first arose. This has enabled arbitral tribunals to take their own view as to the validity of the BIT, so far upholding its applicability and accepting jurisdiction based on its provisions. The Commission urges Sweden to take all necessary actions to ensure that its BIT with Romania ceases to produce legal effects, bearing in mind the incompatibility of the BIT with Union law. Without a satisfactory response from Sweden within the next two months, the Commission may decide to refer the case to the Court of Justice of the European Union.
Romanian prime minister Ilie Bolojan stated during an interview on Wednesday, December 17, that there should be no statute of limitations in cases of serious corruption. The statement comes after a Recorder investigation, which showed that several heads of the major institutions in the Romanian justice system allegedly delayed trials for years until wrongdoings were […]
President Nicușor Dan has challenged, before the Constitutional Court (CCR), the constitutionality of the law that requires that at least 40% of the athletes who play on a team in official national competitions be Romanian. Dan noted that the law violates the principle of non-discrimination and the free movement of workers, enshrined both in the […]
Craiova International Airport will open its new passenger terminal on Thursday, December 18, completing a major infrastructure investment aimed at significantly expanding capacity and improving air connectivity in southwestern Romania. It is part of a broader expansion and modernization project financed through the Large Infrastructure Operational Programme (POIM) 2014–2020, with a total value exceeding EUR […]
Romania is set to be connected to the Western European energy network thanks to grid investments worth EUR 30 billion. The funds will be provided by the EU by 2035, and the project will link Romania to Hungary and Austria in a joint project. Romanian energy minister Bogdan Ivan signaled the signing of the new […]
Franck Bagouet has been appointed managing director of TotalEnergies Marketing Romania SA and managing director of Automotive Southeast Europe Hub TotalEnergies Marketing. He succeeds Didier Grimault, who has accepted a new position within the TotalEnergies company. “I am glad to join this dynamic affiliate and confident that, together with our talented team, we will reinforce […]
Databricks, the data analytics and artificial intelligence company co-founded by Romanian professors Ion Stoica and Matei Zaharia, announced on Tuesday, December 16, that it is raising USD 4 billion in funding at a valuation of USD 134 billion, according to CNBC. The new valuation represents a 34% increase compared to the August round, when Databricks […]
