Professional paper
Is Europe Finally Ready to Secure the Prerequisites for Full Freedom of Establishment? – Implications for Croatian Law
Dubravka Akšamović
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia
Abstract
The paper explores various issues and problems concerning the freedom of establishment in the EU. Freedom of establishment is one of the fundamental ideas of European integration, which has not yet been fully recognized despite harmonization measures. Special attention is given to the issue of transfer of corporate seat on the EU level, which has caused most controversies in practice. The aim of the paper is to define the limits of Member States' autonomy in regulating the issues of transfer of registered office and corporate mobility. In order to answer that question, relevant EU, domestic and foreign legislation is explored. Shortcomings of domestic legislation concerning corporate mobility are pointed out. Also, German and Spanish laws which regulate corporate mobility are explored as potential model laws for changes in domestic legislation.
Keywords
freedom of establishment; applicable law to company; transfer of corporate seat
Hrčak ID:
121520
URI
Publication date:
28.2.2014.
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