Uticaj slučaja „Achmea“ na položaj intra-EU bilateralnih investicionih ugovora

Abstract

In this paper, through the application of analytical and synthetic methods, where content analysis and comparative analysis occupy a central place, the Achme case is considered as a selected example from the jurisprudence of the Court of Justice of the European Union. The case is being considered to find out about its impact on the position of Intra-EU bilateral investment agreements and its potential to establish legal certainty in the absence of explicit provisions in European organization law governing the relationship between EU-Intra BITs and European Union law. The paper also analyzes the Agreement on the Termination of Bilateral Investment Agreements of 5 May 2020 between European Member States, which followed the Achmea case and represents the continuation of institutional action of the Union in the direction of repealing Intra-EU BITs.