Antonia Hagedorn

German
Cross-sectoral investment screening in the national Foreign Trade and Payments Act and in the national Foreign Trade and Payments Ordinance is becoming increasingly important both politically and legally. To this end, the Screening Regulation has been added at the European Union level. The increased attention of foreign direct investment manifested itself only recently in the acquisition of shares in the Hamburg port terminal Tollerort by the Chinese state-owned company COSCO. The former "niche topic" has also come into focus for legal counselling. This study takes the current national inspection regime as its starting point and addresses the question of whether it complies with constitutional and EU law. It is shown that a reform of the legal framework is necessary due to the indeterminacy and disproportionality of the facts. In addition to recommendations for dealing with the mechanism in practice, reform proposals are developed.

English
"The Restriction or Foreign Direct Investment in Security-Related Civilian Companies. A Constitutional and Union Law Analysis of Foreign Trade Law Provisions with Special Consideration of Media Companies": Cross-sectoral investment screening is becoming increasingly significant both politically and legally. This study takes the national FDI screening regime as an illustration and addresses the question of whether it is compatible with constitutional and European Union law. It is shown that the legal framework needs to be reformed due to the indeterminacy and disproportionality of the regulations. Recommendations for the practical use of the mechanism are given and reform proposals are developed.