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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao European Business Or...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
European Business Organization Law Review
Article . 2017 . Peer-reviewed
License: Springer TDM
Data sources: Crossref
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
SSRN Electronic Journal
Article . 2016 . Peer-reviewed
Data sources: Crossref
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Enforcing EU Company Law: Requirements and Limitations in Implementing Penalties for Infringements of EU Company Law

Authors: Sørensen, Karsten Engsig;

Enforcing EU Company Law: Requirements and Limitations in Implementing Penalties for Infringements of EU Company Law

Abstract

One thing is to harmonise EU company law, another thing is to ensure that the harmonised law is enforced properly. There are indications that there may be enforcement problems in this area. Such problems can be mitigated or even eliminated if EU law sets clear standards for how enforcement should be conducted. Against this backdrop, this article examines what EU law requires from the Member States when enforcing EU company law. Even though the harmonisation of EU company law seldom addresses the question of how the rules should be enforced, EU law in different ways sets bounds to how the enforcement should be conducted. These bounds are set by the requirement for effective enforcement of EU law formulated by the CJEU by free movement rights, fundamental rights and other general principles of EU law. There are so many cases dealing with this issue that it is possible to outline these bounds mainly by analysing cases dealing with company law issues. As a consequence of these bounds, the Member States may have some discretion in deciding the penalties, but they are far from free to do so. If there are major differences in how Member States enforce EU company law, this may cause major problems for the functioning of the internal market. For this reason there is a need to keep a close eye on the enforcement of EU company law in the Member State and, if necessary, harmonise aspects of the enforcement.

Related Organizations
Keywords

Proportional, Fundamental rights, Sanctions, Penalties, EU Company Law, Free movement, Jurisdiction

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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