Project description
Reverse discrimination to coordinate investment with EU law
In 2018, the Court of Justice of the European Union's Achmea decision expanded the scope of application of the principle of autonomy of the European law, rendering more difficult the harmonisation of the latter with international investment law. Funded by the Marie Skłodowska-Curie Actions programme, the RULIERD project will address this clash between EU and international investment law by reconceptualising the hierarchy of norms. The project will focus on the issue of reverse discrimination (RD) as a representative problem with the aim of mitigating conflicts. To achieve this goal, a unique methodology that combines law and economics will be used to explore both the practical and theoretical aspects of RD. The study proposes a neo-monist approach to prevent RD from distorting the fair functioning of the common market.
Objective
The RULIERD project aims to reconceptualise the hierarchy of norms of the European legal order to lessen the clash between European Union (EU) law and international investment law. To achieve this aim, the project examines reverse discrimination (RD) as an understudied, and yet representative issue of this larger phenomenon. Following the Achmea case of 2018, the Court of Justice of the EU has progressively developed a far-reaching interpretation of the principle of autonomy of the European legal order that renders difficult the coordination of EU law with international investment law. At a theoretical level, RULIERD will be the first research project to explain the connection between the dualistic attitude of the Court of Justice of the EU and RD. At a practical level, it is unclear whether RD is admissible under article 18 of the Treaty on the Functioning of the EU or under general international law. RD may in fact endanger the principles of equality and fair competition: if foreign firms are treated more favourably than domestic firms, this disadvantages small domestic companies, thus adversely affecting economic development. RULIERD examines the practical and theoretical aspects of RD using an innovative combined methodology that involves the use of law and economics. Market power theory allows defining RD and testing whether RD jeopardises the fair functioning of the common market. The hypothesis is that a neo-monist approach could avoid RD. RULIERD makes both a theoretical and practical contribution: it mitigates the clash between EU law and international investment law and, identifies a fairer legal framework for companies operating in the EU market.
Fields of science (EuroSciVoc)
CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques. See: The European Science Vocabulary.
CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques. See: The European Science Vocabulary.
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Keywords
Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)
Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)
Programme(s)
Multi-annual funding programmes that define the EU’s priorities for research and innovation.
Multi-annual funding programmes that define the EU’s priorities for research and innovation.
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HORIZON.1.2 - Marie Skłodowska-Curie Actions (MSCA)
MAIN PROGRAMME
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Topic(s)
Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.
Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.
Funding Scheme
Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.
Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.
HORIZON-TMA-MSCA-PF-EF - HORIZON TMA MSCA Postdoctoral Fellowships - European Fellowships
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Call for proposal
Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.
Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.
(opens in new window) HORIZON-MSCA-2022-PF-01
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Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.
1010 WIEN
Austria
The total costs incurred by this organisation to participate in the project, including direct and indirect costs. This amount is a subset of the overall project budget.