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Journal articles on the topic 'Freedom of establishment'

Author: Grafiati

Published: 4 June 2021

Last updated: 9 January 2024

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1

Papadopoulos, Thomas. "The Magnitude of EU Fundamental Freedoms: Application of the Freedom of Establishment to the Cross-Border Mergers Directive." European Business Law Review 23, Issue 4 (2012): 517–46. http://dx.doi.org/10.54648/eulr2012029.

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This article will examine the 10th Company Law Directive on Cross-Border Mergers in the light of the EU fundamental freedom of establishment. The provisions of the Cross-Border Mergers Directive must comply with the fundamental freedom of establishment. This article argues that the contribution of some provisions of this Directive to freedom of establishment is questioned. It is argued that some provisions of this Directive do not fully comply with freedom of establishment and that the choices of the European legislature are definitely open to criticism. The EU fundamental freedoms could impos

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2

Strilets, Bohdan. "Correlation between freedom of capital movement and freedom of establishment in European Union law." Yearly journal of scientific articles “Pravova derzhava”, no. 34 (August 1, 2023): 627–37. http://dx.doi.org/10.33663/1563-3349-2023-34-627-637.

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The study highlights the correlation between freedom of movement of capital and freedom of establishment in the law of the European Union, taking into the account modern case law of the Court of Justice of the European Union (CJEU). The author analyses the case law of the CJEU in the context of determining the scope of application of freedom of movement of capital and freedom of establishment in certaincases, including decisions made in 2021 and 2022. The author identifies the factorswhich are taken into account by the CJEU when determining whether to give preference to the application of a pa

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3

Juillard, P. "Freedom of Establishment, Freedom of Capital Movements, and Freedom of Investment." ICSID Review 15, no. 2 (2000): 322–39. http://dx.doi.org/10.1093/icsidreview/15.2.322.

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Eskildsen, Casper Bjerregaard. "VAT Grouping versus Freedom of Establishment." EC Tax Review 20, Issue 3 (2011): 114–20. http://dx.doi.org/10.54648/ecta2011013.

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According to Article 11 of the EC VAT Directive, Member States may regard as a single taxable person any persons established in the territory of that Member State who, while legally independent, are closely bound to one another by financial, economic, and organizational links. This provision requires that the undertakings in question are established in the same Member State, for which reason it is not possible to form a cross-border VAT group. In the doctrine, it has been argued that this territorial restriction is in breach of the rules on freedom of establishment in the Treaty on the Functio

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5

MOKLIAK, V. "INTERNATIONAL LEGAL REGULATION OF ACADEMIC FREEDOMS AS AN ESSENTIAL CHARACTERISTIC OF THE AUTONOMY OF A HIGHER EDUCATIONAL ESTABLISHMENT." ТHE SOURCES OF PEDAGOGICAL SKILLS, no. 20 (November 22, 2017): 172–78. http://dx.doi.org/10.33989/2075-146x.2017.20.209804.

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Academic freedom is a part of international educational law. It is interpreted as the principle on which the activities of leading world universities are built. Academic freedom dates back to the time of the emergence of universities and is closely linked to their autonomy and corporate rights. The University operates in the free influence environment. Its activities are designed to encourage researchers to have their critical and optimistic view of the monolith and unity of knowledge, so that they are aware of the values of human experience from the position of the university, and eventually

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6

Akiyama, Hajime. "COVID-19 measures and the Japanese Constitution." F1000Research 10 (March 23, 2021): 230. http://dx.doi.org/10.12688/f1000research.50861.1.

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Since March 2020, the Act on Special Measures for Pandemic Influenza and New Infectious Diseases Preparedness and Response has been a significant statute in dealing with COVID-19 in Japan. The Act mandates requests and orders for business suspension and shortened business hours, as well as stay-at-home requests. Although there have been no penalties as of January 2021, these requests and orders limit freedom of movement and establishment, guaranteed rights under the Japanese Constitution. This article poses the following research question: “Does the Japanese Constitution allow measures against

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Akiyama, Hajime. "COVID-19 measures and human rights guaranteed by the Japanese Constitution." F1000Research 10 (September 14, 2021): 230. http://dx.doi.org/10.12688/f1000research.50861.2.

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Since March 2020, the Act on Special Measures for Pandemic Influenza and New Infectious Diseases Preparedness and Response has been a significant statute in dealing with COVID-19 in Japan. The Act mandates requests, instructions and orders for business suspension and shortened business hours, as well as stay-at-home requests. These measures limit freedom of movement and establishment, guaranteed rights under the Japanese Constitution. This article poses the following research question: “Does the Japanese Constitution allow measures against COVID-19 such as requests, instructions and orders for

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8

Akhtamova, Yulduz. "EU Freedom Of Establishment And The Theories Of Incorporation In The Context Of Free Movement Of MNEs." American Journal of Social Science and Education Innovations 02, no. 12 (2020): 303–12. http://dx.doi.org/10.37547/tajssei/volume02issue12-53.

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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

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9

Wooldridge, Frank. "Überseering: Freedom of Establishment of Companies Affirmed." European Business Law Review 14, Issue 3 (2003): 227–35. http://dx.doi.org/10.54648/eulr2003014.

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10

Capriglione, Francesco. "Freedom of Establishment and Provision of Services." European Business Law Review 15, Issue 3 (2004): 447–61. http://dx.doi.org/10.54648/eulr2004026.

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11

Kubinjec, Janko. "Establishment of things." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 413–41. http://dx.doi.org/10.5937/gakv0608413k.

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Legal concept of person is to be constituted, while the legal concept of thing is to be established. Legal concept of thing is a metaphysical category that shall be differentiated from the positive-legal definition of thing as an empirical phenomenon, as well from the natural thing, which is also as an empirical phenomenon. Legal concept of thing is a spiritual phenomenon, which belongs to the field of objective spirit. The thing is the basis for the entire civil law. The wrong conclusion that civil law starts with ownership and ownership with possession, is based on the so called naturalistic

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12

Čiočys, Robertas. "Steigimosi laisvė po Cartesio bylos: ES inkorporavimo doktrinos trūkumas ir to padariniai." Teisė 75 (January 1, 2010): 143–58. http://dx.doi.org/10.15388/teise.2010.0.231.

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This article defines private international law doctrines of incorporation and real seat and then turns to the analysis of freedom of establishment guaranteed by the EC Treaty. The article analyses judgments of the European Court of Justice, interpreting the freedom of establishment in cases where companies tried to transfer their seats across frontiers, especially in light of the newest judgment in this area in the Cartesio case. The analysis of case law shows the link between the freedom of establishment and private international law doctrines. The article is concluded by a discussion of oppo

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13

Tushevska, Borka. "The Non - Discrimination Principle Through The Concept Of Establishment Of Companies In European Union." SEEU Review 11, no. 1 (2015): 111–22. http://dx.doi.org/10.1515/seeur-2015-0014.

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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

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14

Broe, Luc De, and Mélanie Massant. "Are the OECD/G20 Pillar Two GloBE-Rules Compliant with the Fundamental Freedoms?" EC Tax Review 30, Issue 3 (2021): 86–98. http://dx.doi.org/10.54648/ecta2021011.

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In this article the authors focus on whether the Global Anti-Base Erosion (‘GloBE’) rules, as set out in an Organisation for Economic Co-Operation and Development (‘OECD’) Blueprint of October 2020, comply with the EU fundamental freedoms. This compatibility is tested in two distinct scenario’s. In the first scenario the assumption is taken that the GloBE-rules will be implemented directly by the Members States and in the second scenario the assumption is taken that the GloBE-rules will be implemented indirectly through an EU Directive. It is clear from the analysis of the first scenario that

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15

Zelmenis, Jānis. "Factors Affecting Modern Entrepreneurship and Tax Planning." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 24 (2022): 62–77. http://dx.doi.org/10.25143/socr.24.2022.3.062-077.

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One of the guiding principles of the European Union is freedom of establishment. At the same time, due to the possibility of abuse of rights, restrictions are possible. The objective of the study is to analyse cases regarding state intervention in commercial activities of antreprenierus imposing restrictions on rights and freedoms, in order to prevent companies from abusing the principles of free establishment. The author provides justification and cases for imposing restrictions, in particular, if there is a suspicion that tax evasion, unlawful reduction of the taxable amount has taken place

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Biłgorajski, Artur. "Ograniczenia wolności wypowiedzi z uwagi na przesłankę „ochrony zdrowia”. Kilka uwag inspirowanych pandemią SARS-CoV-2 w Rzeczypospolitej Polskiej." Przegląd Prawa Konstytucyjnego 67, no. 3 (2022): 53–64. http://dx.doi.org/10.15804/ppk.2022.03.04.

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There is no question that “health protection” is the premise for the establishment of constitutional restrictions on rights and freedoms. It has been so far the subject of legal science only exceptionally and occasionally; mainly in the context of restrictions on the freedom of economic activity. It was only the SARS-CoV-2 pandemic in the Republic of Poland that brought a wider interest in this category, referring it also to the limitations of another fundamental freedom – freedom of expression. Considering the above, the analysis of legal limitations on the freedom of expression, imposed on t

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17

Vossestein, Gert-Jan. "Companies’ Freedom of Establishment after Sevic." European Company Law 3, Issue 4 (2006): 177–82. http://dx.doi.org/10.54648/eucl2006043.

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18

Drinhausen, Florian, and Nicolas Nohlen. "The Limited Freedom of Establishment of an SE." European Company Law 6, Issue 1 (2009): 14–19. http://dx.doi.org/10.54648/eucl2009003.

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The prescription that an SE’s administrative seat must coincide with its statutory seat is considered a violation of its freedom of establishment. However, only the European legislature is in a position to change this provision.

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19

Wouters, Jan. "Private International Law and Companies’ Freedom of Establishment." European Business Organization Law Review 2, no. 1 (2001): 101–39. http://dx.doi.org/10.1017/s1566752900000355.

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20

Gerner-Beuerle, Carsten, and Michael Schillig. "THE MYSTERIES OF FREEDOM OF ESTABLISHMENT AFTER CARTESIO." International and Comparative Law Quarterly 59, no. 2 (2010): 303–23. http://dx.doi.org/10.1017/s0020589310000035.

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AbstractThe judgment of the European Court of Justice in Cartesio was eagerly awaited as a clarification of the questions concerning the scope of the right of establishment (articles 49, 54 Treaty on the Functioning of the European Union (TFEU), (ex-articles 43, 48 EC) that remained after previous landmark decisions such as Centros, Überseering, and Inspire Art. This article analyses the implications of Cartesio in light of different scenarios of transfer of the registered and the real seat within the European Union. It assesses the interrelations of right of establishment and private internat

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21

Schön, Wolfgang. "Free Movement of Capital and Freedom of Establishment." European Business Organization Law Review 17, no. 3 (2016): 229–60. http://dx.doi.org/10.1007/s40804-016-0051-1.

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22

Giner, Luis-Alfonso Martínez. "Further Discrimination of Permanent Establishments: Tax Incentive to Maintain or Create Employment in Spain." Intertax 39, Issue 2 (2011): 91–97. http://dx.doi.org/10.54648/taxi2011008.

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The Spanish 2010 General State Budgets Act contained an important innovation consisting of the incorporation in the Spanish tax system of a new tax incentive to maintain or create employment. The fact that this tax incentive is not applicable to permanent establishments (PE) raises the question of whether it constitutes an infringement of the non-discrimination principle that limits the freedom of establishment. In general, the principle of nondiscrimination has had a significant impact on the Spanish tax system, mainly in relation to direct taxes and, in particular, on PE. The case we shall n

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23

O’Shea, Tom. "Freedom of establishment tax jurisprudence: Avoir Fiscal re–visited." EC Tax Review 17, Issue 6 (2008): 259–75. http://dx.doi.org/10.54648/ecta2008082.

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This paper examines the tax jurisprudence of the ECJ relating to the freedom of establishment from the perspective of a ‘host’ Member State and from that of an ‘origin’ Member State. The Court’s Avoir Fiscal decision is revisited and reconsidered. The Court’s subsequent case law is analysed. The paper highlights that a ‘national treatment’ test is applied by the Court from both perspectives. The paper also demonstrates that the reasoning used in Avoir Fiscal, an establishment case, has been used analogously by the Court in relation to the other fundamental freedoms and that the Court’s applica

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24

Kollruss, Thomas. "Does the Merger Directive Violate EU Primary Law by Excluding EU Companies Having Their Place of Effective Management in a Third Country?" Intertax 43, Issue 8/9 (2015): 501–7. http://dx.doi.org/10.54648/taxi2015048.

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Confirmed by case law, the freedom of establishment (Articles 49, 54 TFEU) applies for companies formed in accordance with the law of a Member State and those having their registered office, central administration or principal place of business within the European Union. Thus, the company’s place of effective management (POM) itself and its location are irrelevant criteria for applying the freedom of establishment. Therefore, an EU company with a POM in a third State can generally rely on the freedom of establishment. Moreover, pursuant to the ECJ, cross-border mergers within the EU are also c

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25

Kubinjec, Janko. "Establishment of person." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 437–53. http://dx.doi.org/10.5937/gakv0411437k.

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Personality is not based on the will but on the spirit. The establishment of the "person" as an abstract phenomenon is the beginning of the legal phenomenon. The legal phenomenon begins on the edges of natural and abstract. The subjective legal spirituality is the mere directness of the spirit as the subjective spirit - on contrary, the legal personality is constituted only after abandoning the directness, by externalization which leads to indifferent look onto oneself. The establishment of an individual as a person is conducted solely within the legal phenomenon. The establishment of an indiv

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26

Scharffs, Brett G. "THE (NOT SO) EXCEPTIONAL ESTABLISHMENT CLAUSE OF THE UNITED STATES CONSTITUTION." Journal of Law and Religion 33, no. 2 (2018): 137–54. http://dx.doi.org/10.1017/jlr.2018.33.

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ABSTRACTSince the end of World War II and the beginning of the human rights era, a common narrative has dominated international discussions of law and religion, especially in Europe, that emphasizes the alleged idiosyncrasy and uniqueness of U.S. Constitutional law regarding freedom of religion. What I call the “standard story” notes that unlike human rights instruments, and the constitutions of most European States, the U.S. Constitution contains an “Establishment Clause” prohibiting an establishment of religion, while European countries do not have prohibitions on state establishments, and i

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27

Bizioli, Gianluigi. "Impact of the freedom of establishment on tax law." EC Tax Review 7, Issue 4 (1998): 239–47. http://dx.doi.org/10.54648/ecta1998038.

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28

McConnell, Michael W., and Edmund Burke. "Establishment and Toleration in Edmund Burke's "Constitution of Freedom"." Supreme Court Review 1995 (January 1995): 393–462. http://dx.doi.org/10.1086/scr.1995.3109616.

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29

Bachner, Thomas. "FREEDOM OF ESTABLISHMENT FOR COMPANIES: A GREAT LEAP FORWARD." Cambridge Law Journal 62, no. 1 (2003): 47–50. http://dx.doi.org/10.1017/s0008197303376214.

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30

Wiśniewski, Andrzej W., and Adam Opalski. "Companies’ Freedom of Establishment after the ECJ Cartesio Judgment." European Business Organization Law Review 10, no. 4 (2009): 595–625. http://dx.doi.org/10.1017/s1566752909005953.

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31

Korthals Altes, Willem K. "Freedom of Establishment Versus Retail Planning: The European Case." European Planning Studies 24, no. 1 (2015): 163–80. http://dx.doi.org/10.1080/09654313.2015.1029441.

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32

van Bekkum, Jaron. "Cross-Border Investments in Undertakings and the Future of EU Company Law." European Business Law Review 25, Issue 6 (2014): 811–44. http://dx.doi.org/10.54648/eulr2014035.

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The golden share case law and other recent case law of the ECJ form a basis for the development of a rule of internal market law that all rules of general company law that may have as an effect that investors are prevented or deterred from making cross-border investments in undertakings restrict the freedom of establishment and the free movement of capital. Relevant rules that potentially restrict the freedom of establishment and the free movement of capital are, inter alia, rules that allow shareholders to include deviations from the principle of 'one share, one vote' in articles of associati

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Mostafavi, Siamak, Joost Rompen, Patrick Smet, et al. "Freedom of Establishment or Free Movement of Capital: Is There an Order of Priority? Conflicting Visions of National Courts and the ECJ." EC Tax Review 19, Issue 1 (2010): 19–31. http://dx.doi.org/10.54648/ecta2010003.

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Where a parent company owns a controlling interest in a subsidiary resident in another Member State the question arises whether Article 43 EC Treaty (the freedom of establishment), Article 56 EC Treaty (the free movement of capital), or both articles may be relied upon by the taxpayer to challenge domestic law for breach of the EC Treaty. That is, is there a mandatory order of priority between these freedoms in such cases? This question has wide relevance since the freedom of establishment cannot be relied upon in third-country situations whereas the free movement of capital can. The European

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الميداني, محمد أمين, and هەلاله محمدأمين. "The Legal Framework for Protecting Freedom of Opinion and Expression (The Case of Iraq as a Model)." Journal for Political and Security Studies 4, no. 7 (2021): 107–44. http://dx.doi.org/10.31271/jopss.10048.

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Despite the existence of international and regional instruments, and national legislation, devoted to organizing and protecting freedom of opinion and expression, they witness many violations and restrictions on their practice. This is after internal developments in many countries revealed the deterioration of political, economic, social and cultural conditions, which constitutes a major topic for studies in both international human rights law and national law, in order to address these violations and set rules and controls that guarantee the preservation of freedom of opinion and expression w

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35

Faustinelli, Elisa. "Purely Internal Situations and the Freedom of Establishment Within the Context of the Services Directive." Legal Issues of Economic Integration 44, Issue 1 (2017): 77–93. http://dx.doi.org/10.54648/leie2017004.

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The Services Directive aims at creating a single market for services by removing barriers to trade and enhancing the free movement of services and the freedom of establishment within the European Union (EU). Nonetheless, since its adoption, it has prompted several practical questions, calling for judicial clarification. In Trijber and Harmsen, the Court missed the occasion to answer one of the most contended questions surrounding this piece of EU legislation: do the provisions on freedom of establishment enshrined in the Directive apply to purely internal situations? The present case-note disc

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36

Hausman, Daniel M. "Liberalism, Welfare Economics, and Freedom." Social Philosophy and Policy 10, no. 2 (1993): 172–97. http://dx.doi.org/10.1017/s0265052500004192.

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With the collapse of the centrally controlled economies and the authoritarian governments of Eastern Europe and the former Soviet republics, political leaders are, with appreciable public support, espousing “liberal” economic and political transformations—the reinstitution of markets, the securing of civil and political rights, and the establishment of representative governments. But those supporting reform have many aims, and the liberalism to which they look for political guidance is not an unambiguous doctrine.

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37

Ronfeldt, Thomas, and Thomas Ronfeldt. "Merger as a Method of Establishment: on Cross-border Mergers, Transfer of Domicile and Divisions, Directly Applicable under the EC Treaty’s Freedom of Establishment." European Company Law 3, Issue 3 (2006): 125–29. http://dx.doi.org/10.54648/eucl2006030.

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An important judgement of 13 December 2005 by the European Court in Sevic finds that the freedom of establishment under the EC Treaty applies directly to cross-border mergers without any need for directives on the matter, as mergers are to be deemed a method of establishment. This contribution analyses the judgment’s far reaching consequences, among them the fact that by analogy, commercial legal persons will be able to transfer from one country to another or to be the object of cross-border divisions by direct application of the principle of freedom of establishment under the Treaty, in other

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Hestyara, Aulia. "ENFORCEMENT OF LEGAL TERMS OF HOUSEHOLDS ESTABLISHMENT ON THE ESTABLISHMENT OF MOSQUE IN SUKAJADI DISTRICT, BANDUNG." Jurnal Ilmu Hukum 9, no. 1 (2020): 15. http://dx.doi.org/10.30652/jih.v9i1.7872.

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Indonesia, through the 1945 Constitution of the Republic of Indonesia, provides a constitutional guarantee for the principles of freedom and equality. This is reflected directly in the 1945 Constitution Chapter XA, which regulates Human Rights. This includes religious freedom, and thus as a consequence, the State needs to regulate the procedures for carrying out the construction of places of worship. In Indonesia, the procedures for implementing the construction of houses of worship are regulated specifically in the Joint Regulation of the Minister of Religion and the Minister of Home Affairs

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Poulsen, Martin. "Freedom of Establishment and the Balanced Allocation of Tax Jurisdiction." Intertax 40, Issue 3 (2012): 200–211. http://dx.doi.org/10.54648/taxi2012023.

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The article analyses the case law of the Court of Justice of the European Union in relation to the different justification grounds that Member States can rely on in regard to restrictive national tax measures. The main purpose of the article is to reconcile the different justification grounds in order to present a (more) coherent approach to evaluating national anti-abuse legislation. It is submitted that the justification ground of 'balanced allocation of tax jurisdiction' and the arm's-length principle for allocation of income should form an important basis under EU law for the evaluation of

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40

Vossestein, Gert-Jan. "Exit restrictions on Freedom of Establishment after Marks & Spencer." European Business Organization Law Review 7, no. 4 (2006): 863–78. http://dx.doi.org/10.1017/s1566752906008639.

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41

Mucciarelli, Federico M. "Company ‘Emigration’ and EC Freedom of Establishment: Daily Mail Revisited." European Business Organization Law Review 9, no. 2 (2008): 267–303. http://dx.doi.org/10.1017/s156675290800267x.

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42

Fabris, Daniele. "European Companies Mutilated Freedom. From the Freedom of Establishment to the Right of Cross-Border Conversion." European Company Law 16, Issue 4 (2019): 106–13. http://dx.doi.org/10.54648/eucl2019016.

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43

Nilsson, Therese, and Petra Inwinkl. "The Swedish Taxation on Loans from Foreign Companies." EC Tax Review 20, Issue 2 (2011): 84–93. http://dx.doi.org/10.54648/ecta2011009.

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On 1 January 2010, the Swedish government changed the rule on taxation of prohibited loans between Swedish companies and their shareholders and extended the regulation to loans granted by foreign companies. By changing the rule to also comprise foreign companies, the government aims to eliminate tax avoidance. The inclusion of foreign corporations in national legislation has been subject to criticism by the consultative bodies in the government bill and in the legal debate. The expression of discontent is due to the fact that the extension of the statutory rules to foreign companies does not c

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Kaspe, S. I. "The Nineties: Establishment of Polity." Journal of Political Theory, Political Philosophy and Sociology of Politics Politeia 102, no. 3 (2021): 40–71. http://dx.doi.org/10.30570/2078-5089-2021-102-3-40-71.

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In the 1990s, after the collapse of the USSR, was established the Russian polity, which continues to exist to this day. In this paper polity is understood as a macro-social community, united by a certain political order i.e., by a stable set of institutions and actors, as well as normative standards for organizing their interactions, both formal and informal. Establishment is understood as a series of events that establish these most fundamental frameworks for political action, as well as a repertoire of its scenarios, behavioral stereotypes, strategies, and tactics. The negative myth about th

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Tann, Boravin. "The Implications of the NGO Law on the Right to Freedom of Association of Human Rights Defenders in Cambodia." Journal of Southeast Asian Human Rights 4, no. 1 (2020): 200. http://dx.doi.org/10.19184/jseahr.v4i1.13397.

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The right to freedom of association is of particular importance for human rights defenders. Freedom of association is an indispensable agent for human rights change that permits human rights defenders to maintain their civic space and pursue their mission in promoting and protecting rights and fundamental freedoms in a democratic society. In the current legal and political climate, human rights defenders face increasing challenges in the exercise of their freedom of association and other nexus rights vis-à-vis fulfilling their mission to advocate for other peoples’ rights. The Law on Associati

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Clough, William R. "The First Freedom." Journal of Interdisciplinary Studies 30, no. 1 (2018): 4–28. http://dx.doi.org/10.5840/jis2018301/22.

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The Founders of the United States had waged a war in the name of liberty. Yet shortly after independence they discovered, with the Articles of Confederation, that liberty did not make for a durable Republic. So they crafted the United States Constitution to form a more perfect union. Well aware of how flawed human nature is, they created a strong republican government with three co-equal branches overseeing a union of states, each ruled by laws passed, executed, and judged by their democratically elected representatives. Religious freedom was a particularly thorny issue; institutions of religi

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Hansen, Jesper Lau. "The Vale Decision and the Court’s Case Law on the Nationality of Companies." European Company and Financial Law Review 10, no. 1 (2013): 1–17. http://dx.doi.org/10.1515/ecfr-2013-0001.

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In its decision in Vale, the Court of Justice takes another step forward, while still respecting its two-pronged case law on the nationality of companies. Analysing this case law shows a considerable move towards a genuine freedom of establishment for companies and paints a more nuanced picture than is normally acknowledged. However, the necessary legal certainty so paramount for business in these matters still requires actual legislation. In this respect, the question of establishment and the freedom of companies to choose their nationality remain unfinished business.

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Krichevskiy, Dmitriy, and Thomas Snyder. "U.S. State Government policies and entrepreneurship." Journal of Entrepreneurship and Public Policy 4, no. 1 (2015): 102–10. http://dx.doi.org/10.1108/jepp-09-2013-0041.

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Purpose – The purpose of this paper is to test the effects of government policies on entrepreneurial activity within the 50 US states. Design/methodology/approach – Using panel data and a fixed-effects model, the authors examine the determinants of the nominal establishment entry rate, the nominal establishment exit rate, and the net establishment entry rate. To measure government policy, the authors use the Economic Freedom of North America (EFNA) index published by the Fraser Institute. The authors use both the overall index and its components. The authors also use the state and local tax bu

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Babii, Mykhailo. "Religious Tolerance, Freedom of Conscience, Freedom of Religion and Belief in the period of Establishment of Christianity." Religious Freedom, no. 24 (March 31, 2020): 10–19. http://dx.doi.org/10.32420/rs.2020.24.1783.

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The author examines the process of establishment of Christian understanding of freedom of conscience and freedom of religion and tolerance. In doing so, he draws on the achievements of the Greek and Greek-Roman traditions of interpreting freedom of conscience. The time of late antiquity accounts for the time of organizational establishment and strengthening of the new religion - Christianity. Describing this period, the author notes the presence of a variety of cults and sects in which foreign gods (in particular, Egyptian and Iranian) were worshiped. In this situation, individuals were free t

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Lowry, John. "ELIMINATING OBSTACLES TO FREEDOM OF ESTABLISHMENT: THE COMPETITIVE EDGE OF UK COMPANY LAW." Cambridge Law Journal 63, no. 2 (2004): 331–45. http://dx.doi.org/10.1017/s0008197304006609.

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This article examines the implications of the E.C.J.'s decisions in Überseering and Inspire Art against the background of the principal competing theories relating to lex societatis. It considers the tension between freedom of establishment (EC Treaty, arts 43 and 48) and the protective objectives of national corporate law regimes aimed at defeating the so-called Delaware effect. It goes on to argue that significant issues remain unresolved. More particularly, it questions whether creditor protection mechanisms contained in national insolvency laws will, in future, be viewed as obstacles to fr

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