The Non - Discrimination Principle Through The Concept Of Establishment Of Companies In European Union

Tusevska, Borka (2015) The Non - Discrimination Principle Through The Concept Of Establishment Of Companies In European Union. SEEU Review The Journal of South East European University, 11 (1). pp. 111-122. ISSN 1857-8462

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Abstract

The non-discrimination principle is one of the essential principles in the area of European public and
private law too. The importance of this principle also takes a great place in field of company law,
especially in the area of “freedom of establishment of the companies” in the European Single Market
(hereinafter ESM).
Freedom of establishment of companies is closely related to the general concept of “free movement of
people, capital, goods and services,” in ESM. In fact, freedom of establishment is a substantive part of
the process of creation the internal market in EU. The freedom of establishment is based on the Treaty
of the functioning of EU (hereinafter TFEU). According to article 49 from TFEU (previously article
43 et seq. EC Treaty), restrictions on the freedom of establishment of nationals of a Member State in
the territory of another Member State shall be prohibited. This prohibition also applies to restrictions
on setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the
territory of any Member State. In-depth exploration of this issue is conditioned by the interpretation of
the Court of justice of European Union (hereinafter CJEU), which embodies the real legal regime of
freedom of establishment. Freedom of establishment of companies is closely related to the principles
of healthy and fair competition and equal access of the companies too.
This article seeks to elaborate fundamental theoretical aspects of this issue, considering certain case -
study analyze of CJEU judgements. The main focus is on the non-discrimination principle, legal effects
of the CJEU judgments, free market and competitiveness, and finally, determination of the concept of
primary and secondary establishment of companies in EU.

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Borka Tusevska
Date Deposited:	25 Jan 2016 14:37
Last Modified:	27 Jan 2016 08:53
URI:	https://eprints.ugd.edu.mk/id/eprint/14995

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