Branches of Companies in the EU: Balancing the Eleventh Company Law Directive, National Company Law and the Right of Establishment

2014 ◽  
Vol 11 (1) ◽  
Author(s):  
Karsten Engsig Sørensen
Keyword(s):  
2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 23-37
Author(s):  
Marek Danikowski

The right of EU citizens residing in another Member State, to vote and stand in elections to the European Parliament is a major achievement of the European democracy. In the light of EU citizens’ still insufficient knowledge concerning the opportunities and benefits brought in by this right, it is worth making this institution more familiar to themin a straightforward way, at the same time balancing criticism towards the idea of the EU.


Author(s):  
Guido Raimondi

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.


2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.


2019 ◽  
Vol 26 (5) ◽  
pp. 713-719
Author(s):  
Joasia Luzak

The questions posed to the Court of Justice of the EU in the recent case of Walbusch Walter Busch asked what qualifies as the means of communication with a limited space or time to display the information and how detailed the disclosure on the right of withdrawal needs to be on such a medium. The judgment in this case had to strike a balance between not limiting traders’ opportunities to use technological advances to reach consumers and one of the main objectives of consumer protection: ensuring consumers have a chance to make fully informed transactional decisions.


2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.


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