Інституційні механізми скринінгу прямих іноземних інвестицій у державах – членах Європейського Союзу
Institutional Mechanisms for Screening Foreign Direct Investments in European Union Member States

Summary/Abstract: The article examines the procedure for screening foreign direct investment in the European Union and the approaches of member states to determining the institutional organisation of the body authorised to assess risks and make decisions. The relevance of the issue raised is due to the fact that although the European Union has a specific Regulation (EU) 2019/452 in place, which regulates the screening mechanism at the supranational level, the specifics of this procedure are individual in each member state. The purpose of the article is to provide a comprehensive analysis of the institutional models of competent authorities for screening among European Union countries, how they distribute functions between investigation and decision-making, and what this means for the implementation of common economic security goals within national procedures. The achievement of this goal was made possible by the use of a complex of scientific research methods. In particular, comparative institutional and legal analysis and doctrinal interpretation of legal norms were used to compare approaches among European Union countries to determining the screening model, as well as their choice of the structure of the responsible authority and the limits of its discretionary powers. The empirical basis of the study is the author’s dataset, which reflects the institutional design of national mechanisms for screening foreign direct investment in European Union member states within the meaning of Regulation (EU) 2019/452. The objectives and subject focus of foreign direct investment screening are analysed, the requirements of Regulation (EU) 2019/452 for national competent authorities and the cooperation mechanism are outlined, and criteria for classifying institutional models of national screening authorities are defined. The conclusions present a conceptual vision of the characteristic features of institutional models for the organisation of foreign direct investment screening in European Union member states, as well as proposed guidelines that can be taken into account when developing a national model for foreign direct investment screening. Prospects for further research on this issue are also determined by the fact that Ukraine is gradually moving towards the institutionalisation of screening as part of the European integration process, as confirmed by recent legislative initiatives.

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