| Abstract [eng] |
This master’s thesis analyzes Lithuania’s investment screening mechanism, identifying the key components of this mechanism to identify the main problems in the application of Lithuania’s investment screening mechanism, while also proposing possible solutions to these problems. The issues are revealed and solutions are proposed in light of recent trends in the EU, other member states, and Lithuania, as well as economic activity priorities and the scope of the national investment screening mechanism’s application. The most significant problems identified in this master’s thesis regarding the application of the current screening mechanism include lack of logic and clarity, due to differing recognition of the strategic importance of electricity and heat energy production, and the exclusion of advanced medical technologies and biotechnologies from the scope of the national investment screening mechanism. This thesis highlights that, despite the upcoming amendments to the Law on the Fundamentals of National Security, the prospects for ensuring the protection of the agriculture and food sector—recognized as strategically important in Lithuania—from investors who may not align with national security interests remain unclear for the time being. This master’s thesis also analyzes Lithuania’s investment screening mechanisms compliance with EU law through the relationship between the national legislation regulating this mechanism and the Regulation as well as its Amended version. The thesis concludes that the Amended version of the Regulation is likely to necessitate a significant number of changes to the substantive and procedural provisions of national legislation. Among these, the following are identified as the most important: (i) the need to expand the existing list of strategically important economic sectors and the list of activities falling within them, (ii) the establishment of new criteria for assessing investor compliance, (iii) the extension of the deadline for conducting the initial investor due diligence, and (iv) ensuring time limited authority for state institutions to initiate an ex post evaluation procedure. |
