European Companies’ 'Mutilated Freedom'. From the Freedom of Establishment to the Right of Cross-Border Conversion

2019 ◽  
Author(s):  
Daniele Fabris
Keyword(s):  
Freedom Of Establishment ◽  
Cross Border ◽  
The Right

scholarly journals EU Freedom Of Establishment And The Theories Of Incorporation In The Context Of Free Movement Of MNEs

2020 ◽  
Vol 02 (12) ◽  
pp. 303-312
Author(s):  
Yulduz Akhtamova ◽  
Keyword(s):  
European Union ◽  
Multinational Enterprises ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Cross Border ◽  
Free Mobility ◽  
Registered Office ◽  
Real Seat ◽  
Legal Forms ◽  
The Right

The creation of a single market with no internal borders where free mobility is guaranteed is one of the main goals of the European Union. Accordingly, along with certain fundamental freedoms, Treaty on the Functioning of the European Union (TFEU) provides the right of establishment for nationals as well as companies in a territory of another Member State. Accordingly, a decentralized nature of multinational enterprises (MNEs) involves various cross-border operations. The aim of this paper is to explore to what extent these transnational objectives of MNEs can be achieved under the freedom of establishment principle of EU law and incorporation theories of Member States. Firstly, it analyzes different scenarios of company mobility such as transfer of registered office or real seat and transnational mergers. Secondly, it examines the freedom of companies to choose legal forms of their cross-border establishment. Finally, it evaluates the most recent judgment in Polbud case in the light of decisions made in previous cases.

scholarly journals Consumer right to product accessibility

2020 ◽  
Vol 54 (4) ◽  
pp. 1433-1452
Author(s):  
Andrej Mićović
Keyword(s):  
Conceptual Analysis ◽  
Universal Design ◽  
Internal Market ◽  
Cross Border ◽  
Border Trade ◽  
The Right

In order to reduce barriers in cross-border trade, stimulate the functioning of the internal market, increase the availability of certain products, enable all consumers to have access to certain products on an equal basis, Directive (EU) 2019/882 on the accessibility requirements for products and services has been adopted. With regard to product accessibility article provides an overview of the origins and development of the right to access(ibility), as well as terminological and conceptual analysis of universal design as an constitutional element of the accessibility right and finally article analyzes the rules contained in the Directive regarding: scope of the rules governing product accessibility; accessibility requirements; elements that exclude application of the accessibility requirements.

scholarly journals The right to peaceful enjoyment of property and the security measure of the forfeiture of cash in the jurisprudence of the Serbian Constitutional Court: Certain uncertainty

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 620-644
Author(s):  
Tamás Korhecz
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Public Interest ◽  
Cash Transfer ◽  
Constitutional Court ◽  
The Public ◽  
Cross Border ◽  
Security Measure ◽  
European Court ◽  
The Right

The right to peaceful enjoyment of property is a first-generation human right, protected by the international and domestic law of the highest rank. This is not an absolute right - the European standards of protecting property rights allow possible interferences prescribed by law. The interferences can be made in the public interest but only under the assumption that the proportionality between the public interest and property rights of individuals at stake is established. Forfeiture of undeclared cash the individuals are transferring across state borders, together with imposing fines for a misdemeanor, represent an interference with individuals' property rights. The EU Member States do not share an identical system of sanctions for this petty offense, but there is a tendency of unification related to the monitoring, registering, and sanctioning of undeclared, cross-border, individual cash transfer. The case-law of the European Court of Human Rights has established rather precise criteria for distinguishing permitted from unpermitted interferences in cases of undeclared cross-border cash transfers. The Serbian Constitutional Court has been faced with several constitutional complaints regarding alleged unconstitutionally of the imposed security measure amounting to the forfeiture of undeclared cash physically transferred across the state borders. The Constitutional Court has ruled inconsistently on the matter. Although it has regularly referred to the European Court of Human Rights' relevant decisions, it fails to be consistent in following the Strasbourg Court's rulings. In this article, the author has suggested that the legal certainty principle requires the Constitutional Court to consistently interpret the constitutional rights and be systematic in following Strasbourg. Only in this way, the Constitutional Court can help regular courts effectively to harmonize the interpretation and application of laws with the constitutional and international human rights standards regarding property rights.

European Arrest Warrants and Minimum Standards for Trials in absentia – Blind Trust vs. Transnational Direct Effect?

2021 ◽  
Vol 11 (3) ◽  
pp. 275-287
Author(s):  
Martin Böse
Keyword(s):  
Mutual Recognition ◽  
Minimum Standard ◽  
Minimum Standards ◽  
Cross Border ◽  
Court Of Justice ◽  
European Arrest Warrant ◽  
The Right ◽  
Procedural Rights ◽  
Cross Border Cooperation ◽  
The Eu

The right of the accused person to be present at the trial and defend himself in person forms an essential part of the right to a fair trial. In this regard, the minimum standard enshrined in Art. 6 ECHR has been further developed by the minimum rules on procedural rights established by the EU legislator. According to a recent judgment of the Union’s Court of Justice, the Framework Decision on the European Arrest Warrant still allows the executing state to surrender a person convicted in absentia even if the EU minimum standard is not met. This paper will argue that common minimum standards have repercussions on cross-border cooperation based on mutual recognition and may emerge as a ground for refusal.

Normalizing Cross-Border Healthcare in Europe via New E-Prescription Paradigms

2013 ◽  
pp. 168-208
Author(s):  
Alexander Berler ◽  
Ioannis Apostolakis
Keyword(s):  
Cloud Computing ◽  
New Technologies ◽  
Health Sector ◽  
Healthcare Services ◽  
Ageing Population ◽  
Strategic Decisions ◽  
Demographic Shift ◽  
Electronic Prescription ◽  
Cross Border ◽  
The Right

The 21st century started with some significant efforts globally in the e-health sector. This was mainly pushed as a generic strategy from many nations and international organizations in order to cope with issues such as ageing population, demographic shift, social security limitations, and financial instability. A second reason was the introduction of new technologies such as cloud computing, Web interoperability standards, mobile health, and social media that are steadily changing the way healthcare has been seen in the last decades. In addition to that, globalization, commuting, immigration, and increased mobility raised the issue of cross-border healthcare and the right to access normalized healthcare services anywhere, anytime. In that context, the authors analyze the technological offerings and result of the epSOS (European Patient Smart Open Services) framework and how it has affected strategic decisions in electronic prescription in Greece, thus creating a new useful e-health national application. They prove that by rethinking healthcare, reusing established standards such as HL7 CDA (Health Level Seven Clinical Document Architecture) and IHE (Integrating the Healthcare Enterprise) profiles, it is possible to propose a new innovative system that is in fact based upon new technological propositions such as REST (Representational State Transfer) architecture and cloud computing.

15 Germany

2018 ◽  
Author(s):  
Haag Hendrik, Dr
Keyword(s):  
Civil Code ◽  
Cross Border ◽  
General Terms ◽  
The Right ◽  
Insolvency Proceedings

This chapter examines statutory and contractual set-off in Germany prior to insolvency proceedings and how such proceedings affect the prerequisites relating to set-off. It begins with a discussion of set-off between solvent parties, focusing on the statutory right of set-off under the German civil code ‘BGB’, contractual right of set-off, exclusions of set-off, set-off restriction in general terms and conditions, and limitations of a set-off claim. It then considers set-off against insolvent parties, taking into account the relevant provisions of the German Insolvency Statute ‘InsO’, acquisition of the right to set-off before the commencement of insolvency proceedings, set-off between two insolvency administrators, and cash pooling in insolvency proceedings. Finally, it analyses cross-border issues arising from the right to set-off.

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