scholarly journals Obrót nieruchomościami w Unii Europejskiej wobec swobody przepływu kapitału

Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 185-197
Author(s):  
Andrzej Borkowski

Real property trade in the European Union and free movement of capitalThe subject matter of this article is to selectively discuss the basic factors affecting the freedom of real property trade within the common market of the European Union. The guaranties secur­ing thefreedom to acquire by union foreigners real property in the member states follow directly from the provisions of TFEU. The set of treaty regulations relating to internal market freedoms holds a key role in the process of realising the fundamental purposes of the European Union. The free movement of capital has profound meaning for the realisation of all the treaty freedoms. Deviations from the rule, which allow for limiting the freedom and which result from the will of the member states, are acceptable within the legal system of the European Union only in exceptional circum­stances provided by that law. There are two groups of conditions required for alawful deviation from the rule of the free movement of capital. The first group covers the considerations resulting directly from the Treaty. The second includes the circumstances deemed lawful pursuant to the for­mula of imperative requirements of the public interest.

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.


Author(s):  
Luis M. Hinojosa-Martínez

Since the Treaty of Lisbon introduced ‘foreign direct investment’ into the provisions on the common commercial policy of the European Union (EU), the scope of that competence has raised a lively debate. Much less attention, however, has been paid to the rules on the free movement of capital in the Treaty on the Functioning of the European Union, although this area is highly relevant to clarify the blurred boundaries of the EU’s competence concerning foreign investment. This article reviews arguments from the chapter on the free movement of capital and from the recent European practice and case-law to shed light on the debate about the competence on foreign investment. It also depicts the circumstances in which the Court of Justice has to deliver its Opinion on the EU competence to sign and conclude the EU-Singapore Free Trade Agreement.


Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa

This chapter examines the rules concerning free movement of payment and capital within the European Union provided in Articles 63–6 Treaty on the Functioning of the European Union (TFEU). It explains the scope of and exceptions to the free movement of capital. The chapter also considers restrictions on free movement of capital between Member States and third countries. It highlights the willingness of the Court of Justice (CJ) to borrow principles from the other freedoms. This chapter also considers briefly the provisions relating to monetary union and the developments in the light of the financial crisis.


2020 ◽  
pp. 37-46
Author(s):  
Beata Włodarczyk

The aim of the article is to outline the legal issues of trading in agricultural property in the European Union, which is entirely subject to basic treaty rules. The free movement of capital, regulated in Article 63 of the Treaty on the Functioning of the European Union, is of particular importance in relation to cross-border operations connected with trading in agricultural property. Therefore the legislation in force and applicable in EU Member States should ensure that citizens of other Member States have the possibility of exercising this freedom. However, the free movement of capital is not absolute. In the light of the established case-law of the Court of Justice of the European Union, regulations limiting free movement of capital may be introduced at national level, provided that they pursue general interest objectives and comply with the principles of proportionality and non-discrimination.


2020 ◽  
pp. 417-435
Author(s):  
Marios Costa ◽  
Steve Peers

This chapter examines the rules concerning free movement of payment and capital within the European Union provided in Articles 63, 64, 65 and 66 of the Treaty on the Functioning of the European Union (TFEU). It explains the scope of and derogations to the free movement of capital. The chapter also considers restrictions on free movement of capital between Member States and third countries. It highlights the willingness of the Court of Justice (CJ) to borrow principles (i.e. rule of reason) from the other freedoms. This chapter also considers briefly the provisions relating to monetary and economic union and the developments in the light of the financial crisis.


2021 ◽  
Vol 14 (1) ◽  
pp. 209-220
Author(s):  
Giulio Allevato ◽  
Fernando Pastor-Merchante

The preliminary ruling of the Court of Justice of the European Union in the Google Ireland case turned on the compatibility with the rules on free movement of some of the administrative arrangements put in place by Hungary in order to administer its controversial advertisement tax (namely, the obligation to register and the penalties attached to the failure to comply with that obligation). The preliminary ruling offers some interesting insights on the way in which the Court assesses the compatibility with the freedom to provide services of national administrative arrangements aimed at ensuring the effective collection of taxes. This is a topical issue in the context of the recent efforts made by Member States to tax the digital economy more effectively.


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. 


Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter

This chapter assesses the enforcement of EU State aid rules. The Commission is not the only authority involved in the monitoring of State aid. As regards the supervision of Member States' compliance with their obligations under Articles 107 and 108 TFEU, the national courts also have an important role to play. The implementation of that system of control is a matter for both the Commission and the national courts, their respective roles being complementary but separate. Whilst assessment of the compatibility of aid measures with the common market falls within the exclusive competence of the Commission, subject to review by the Courts of the European Union, it is for national courts to ensure the safeguarding, until the final decision of the Commission, of the rights of individuals faced with a possible breach by State authorities of the prohibition laid down by Article 108(3) TFEU.


Author(s):  
Angelo Marletta

The European Union (EU), as unprecedented institutional and polity project, is responsible for the fulfilment of a set of policy goals that go beyond the mere sum of the interests of its Member States. The establishment of an ‘area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to . . . the prevention and combating of crime’ is probably one of the most demanding goals of the integration process, whose fulfilment requires commitment to coherent action on several levels: vertically, between the EU and the Member States, through incorporating the implementation of the Treaty objectives in the development of their respective criminal policies, and horizontally, between the Member States themselves, by developing mutual trust.


2020 ◽  
pp. 470-506
Author(s):  
Marios Costa ◽  
Steve Peers

This chapter examines the provisions of European Union (EU) law concerning economic rights provided by Articles 45, 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), concerning workers, establishment and services respectively. It discusses the Court of Justice’s (CJ) interpretation and its impact on Member States’ ability to regulate the right to trade within their own territory, as well as regulatory competition between Member States. The chapter discusses the harmonization of qualifications (including the Qualifications Directive), the free movement of lawyers and the Services Directive.


Sign in / Sign up

Export Citation Format

Share Document