Some Reflections on Freedom of Establishment of Non-profit Entities in the European Union

2013 ◽  
Vol 14 (2) ◽  
pp. 225-263
Author(s):  
Stefano Lombardo
Author(s):  
Rosa Gonzalez-Quevedo ◽  
Constantinos Ziogas ◽  
Ivana Silva ◽  
Rosan Vegter ◽  
Anthony Humphreys

Author(s):  
Fabrício José Rodrigues de Lemos

A INTEGRAÇÃO ECONÔMICA E O REGIME JURÍDICO DO EURO  ECONOMIC INTEGRATION AND THE LEGAL REGIME OF THE EURO  Fabrício José Rodrigues de Lemos* RESUMO: Em um mundo de relações econômicas cada vez mais complexas, as nações se veem compelidas a formalizar uniões em torno de objetivos comuns, de maneira a fazer frente à acirrada concorrência internacional. Nesse sentido, buscam a formação dos chamados espaços econômicos integrados. Para isso, são necessários diversos requisitos, tais como a livre circulação de mercadorias, a liberdade de estabelecimento, a livre circulação de trabalhadores e de capitais. Entretanto, para que seja atingido o estágio mais aprofundado da integração econômica, além das exigências já exemplificadas, se constata imprescindível a instituição de moeda única. Nesse sentido, o artigo pretende, a partir de reflexões históricas e filosóficas acerca da implantação da zona do Euro, fazer apontamentos sobre a integração econômica existente na União Europeia, detalhando o regime jurídico da moeda única europeia, para, ao final, tecer considerações sobre o futuro do mercado comum europeu. PALAVRAS-CHAVE: Integração econômica. Zona do Euro. Regime jurídico. União Europeia. ABSTRACT: In a world of increasingly complex economic relations, nations find themselves compelled to formalize unions around common goals, in order to cope with the fierce international competition. In this sense, they seek the formation of the so-called integrated economic spaces. Thereunto, several requirements must be met, such as the free movement of goods, freedom of establishment, free movement of workers and capital. However, in order to achieve the furthest stage of economic integration, in addition to the requirements already explained, the institution of a single currency is imperative. In this sense, the article intends to give pointers, from historical and philosophical reflections about the implementation of the Euro zone, on the existing economic integration in the European Union, detailing the legal regime of the single European currency, to, at the end, weave considerations about the future of the common European market. KEYWORDS: Economic integration. Eurozone. Legal regime. European Union. SUMÁRIO: Introdução. 1 Reflexões Históricas e Filosóficas acerca da Implantação da Zona do Euro. 1.1 Implantação da Zona Monetária Comum e o Critério de Convergência. 1.2 Conceito de eficiência em Richard Posner e a maximização da riqueza e do bem-estar social. 2 Regime Jurídico na Zona do Euro. 2.1 Integração regional e o Mercado Comum Europeu. 2.2 Considerações sobre o futuro do Mercado Comum Europeu. Considerações Finais. Referências.  * Mestrando em Direito Público, na Linha de Pesquisa Sociedade, Novos Direitos e Transnacionalização, pela Universidade do Vale do Rio dos Sinos (UNISINOS). Bacharel em Direito pela Universidade do Vale do Rio dos Sinos (UNISINOS). Integrante do Núcleo de Direitos Humanos da Unisinos (NDH). Advogado. 


EU Law ◽  
2020 ◽  
pp. 832-888
Author(s):  
Paul Craig ◽  
Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Treaty on the Functioning of the European Union (TFEU) has two separate chapters on self-employed persons who move on a permanent or temporary basis between Member States: the chapters on freedom of establishment and freedom to provide services. The central principles governing freedom of establishment and the free movement of services are laid down in the TFEU and have been developed through case law. Important developments have also been brought about through secondary legislation in sectors such as insurance, broadcasting, financial services, electronic commerce, telecommunications, and other ‘services of general economic interest’. This chapter focuses on the broad constitutional principles applicable to every sector. The UK version contains a further section analysing issues concerning freedom of establishment and the provision of services between the EU and the UK post-Brexit.


Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter examines the free movement of workers, family members and non-active persons, and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity.


2019 ◽  
Vol 26 (5) ◽  
pp. 669-690
Author(s):  
Federico M Mucciarelli

This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of ‘merger’ adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive and the Cross-Border Merger Directive); by relying on the example of the SEVIC case decided by the Court of Justice of the European Union (CJEU), it will be shown that scholars’ and courts’ conception of the definition of ‘merger’ varies according to own domestic doctrinal structures. The second case study is related to the notion of ‘registered office’, which is key for establishing the scope of several harmonizing provisions and the freedom of establishment; this paper analyses terminological fluctuations across language versions of EU legislation and the impact of domestic taxonomies and legal debates upon the interpretation of these notions. These case studies show that company law concepts, despite their highly technical nature, are influenced by discourse constructions conducted within national interpretative communities, and by the language used to draft statutory instruments and discuss legal issues. The task of the CJEU is to counterbalance these local tendencies, and yet it is unlikely that doctrinal structures, rooted in national languages and legal cultures, will disappear.


2015 ◽  
Vol 16 (5) ◽  
pp. 1099-1130 ◽  
Author(s):  
Tamás Szabados

AbstractIn several golden share cases, the Court of Justice of the European Union (the “Court”) condemned Member States for reserving certain special rights in privatized companies for themselves. In spite of the Court's consistently strict approach in the golden share cases, the more recent golden share judgments demonstrate that the Court's practice is not free from uncertainties. In its case law, the Court seems to hesitate between the application of the freedom of establishment and the free movement of capital. Additionally, it is not entirely clear which measures are caught by provisions on the freedom of establishment and the free movement of capital.


2009 ◽  
pp. 109-115
Author(s):  
Ágnes Pongráczné Barancsi ◽  
Zoltán Győri ◽  
Zsuzsanna Tarján

In the trade of the European Union principally the analysis of alveographical and extensographical parameters mean the acceptance system.In the present study we analysed the extensographical parameters of 10 winter wheat varieties breed by the Cereal Research Non Profit Company with Brabender extensigraph and we made a comparison, correlation among the results. The examinations with Brabender the following among: show the GK Kalász and the GK Élet varieties show high resistance of extension and the GK Petur variety produces high extensibility. The GK Garaboly has shown low extensibility and energy. The other parameters had different values in the examined three years. The measurings with SMS2 Texture Analyser show middle positive correlation between extensibility and subarea. There are weak correlation between at the significantial level in the 90, 135 resistence of extension by Brabender and by SMS2 Texture Analyser and in the 45 extensibility by Brabender and by SMS2 Texture Analyser of relaxed dough. There is no correlation among other parameters. 


Via Latgalica ◽  
2017 ◽  
pp. 126
Author(s):  
Sandra Ežmale

Rēzekne Special Economic Zone (RSEZ) was established in 1997 as state stock company in order to promote trade, develop production and transport, as well as import and export of goods through Latvia. RSEZ administers state aid in form of tax allowances. During the 20 years of the history of RSEZ several substantial changes have taken place, determining overall development of RSEZ. In 2004 the legal status of the organization was changed due to amendments in legal acts of Latvia. It was reformed from a non-profit organization into a stock company. The ministry of Economics of the Republic of Latvia handed over its stocks of RSEZ to Rēzekne city; subsequently from 2004 to 2010 55% of the stocks were owned by Rēzekne City Council. Regardless of the fact that the control interest was owned by public institutions, RSEZ was a subject of private law and that contradicted the aim of the establishment of RSEZ i. e. promotion of regional development. It determined the necessity to make changes in the functioning of RSEZ. As a result the legal status of RSEZ was changed again in 2010 from stock company to joint municipal institution and amendments with regard to the territory of RSEZ were made. Simultaneously with the aforementioned transitions the economic and politic situation in the country changed – in 2004 Latvia became a member state of the European Union and harmonization of legal acts was performed in accordance with the requirements of the EU. Since 2004 several times substantial amendments have been made in the legal acts regulating the operation of RSEZ and overall its competitiveness and attractiveness for the investments has decreased. Nevertheless the last five years had been the most successful since the establishment of RSEZ. It is possible to distinguish two stages in the development of RSEZ 1) 1997–2010; 2) 2010 – up to nowadays. Altogether RSEZ enterprises (since 2001) have invested almost 150 million euros, from which 120 million euros had been invested in last 10 years and 80 million euros – in last 5 years. The turnover of RSEZ enterprises in 2016 was 84.5 million euros (70.5 million euros – in 2015). In comparison with 2009 the turnover of RSEZ enterprises has increased by 60 million euros or more than 3 times. In the recent years prospects of growth and investment attraction in Latvia and Europe are encumbered by political instability and slow economic growth of Eurozone. Certainly an important factor for investment attraction is developed and qualitative business infrastructure. Therefore significant is the role of the initiatives of municipalities related to implementation of EU Structural Fund financed projects in RSEZ territory as well as proactive work of RSEZ in investment attraction. The paper describes the RSEZ regulatory framework, activities and results achieved in the past, as well as future challenges. The research has been based on the database of RSEZ business research and analysis information system, as well as on the European Union and Latvian policy and development planning documents, laws and regulations. It was found that the RSEZ results and performance indicators have improved after the change of the legal status of RSEZ in 2010. RSEZ enterprises make an important contribution to the development of Rēzekne city and Rēzekne region.


2018 ◽  
Vol 25 (1) ◽  
pp. 87-107
Author(s):  
Stephan Rammeloo

On 25 October 2017 the Court of Justice of the European Union (CJEU) provided for a preliminary ruling in its Polbud judgment concerning a cross-border company conversion. This conversion had to be accomplished by transferring the company’s registered office from one EU Member State to another. The Court’s ruling – first, that such a transfer, whether or not involving at the same time the company’s headquarters or economic conduct, falls within the ambit of Articles 49 and 54 of the Treaty of the Functioning of the European Union (TFEU) on freedom of establishment, and, second, that legislative measures imposed on the migrating company by the Member State of origin entailing the winding-up of the company on the conclusion of a liquidation procedure are precluded – deserves approval. The Polbud judgment not only provides for clarity but also further completes the options of cross-border migration operations for companies and firms. At the same time, however, the Court’s ruling demonstrates the need to establish uniform legislative standards at the EU level, safeguarding the interests of all company stakeholders under the reign of Article 52 subsection 2 litera (g) TFEU. Both the experience with Directive 2005/56/EC on cross-border mergers and, from the late eighties of last century onwards, various initiatives having resulted in consecutive ‘pre-drafts’ for a Cross-border Company Migration Directive, may serve as guideline for further harmonisation in the field related. It is now for the Commission to take action, seeking a proper balance between the potentially diverging interests of all company stakeholders.


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