Scholarlink

The Portuguese screening mechanism, enacted by Decree-law no. 138/2014, has a very rudimentary character. The screening framework was enacted during the sovereign debt crisis, in a context of heightened economic distress. However, it was strategically introduced after nearly all the formerly owned public utilities and critical infrastructures had been privatized. The text argues that the Portuguese mechanism was not conceived as an instrument to perform systematic and standardized screening of foreign investments, but as a solution of last resort, providing broad discretion to the government in case political and diplomatic pressure is not enough to prevent a foreign direct investment into a specific area of business. Because of that, the basic attributes of the Portuguese screening mechanism may experience some trouble while interacting with other Member States’ screening systems, particularly in light of the common platform for interference set up by Regulation (EU) 2019/452.

错误：搜索内容不能为空，请输入英文关键词
错误：关键词超出字数限制，请精简
高级检索

The Portuguese Investment Screening Mechanism. Not Much of a Weapon

  • 章节

  • 发表日期：

    2025年

查看全文
  • Suzana Tavares da Silva,
  • Marta Vicente

摘要

The Portuguese screening mechanism, enacted by Decree-law no. 138/2014, has a very rudimentary character. The screening framework was enacted during the sovereign debt crisis, in a context of heightened economic distress. However, it was strategically introduced after nearly all the formerly owned public utilities and critical infrastructures had been privatized. The text argues that the Portuguese mechanism was not conceived as an instrument to perform systematic and standardized screening of foreign investments, but as a solution of last resort, providing broad discretion to the government in case political and diplomatic pressure is not enough to prevent a foreign direct investment into a specific area of business. Because of that, the basic attributes of the Portuguese screening mechanism may experience some trouble while interacting with other Member States’ screening systems, particularly in light of the common platform for interference set up by Regulation (EU) 2019/452.