IDEAS home Printed from https://ideas.repec.org/a/kap/asiaeu/v14y2016i3d10.1007_s10308-016-0448-z.html
   My bibliography  Save this article

Promotion of the right of establishment in EU: focusing on the Imperative Requirement Doctrine

Author

Listed:
  • Junghwan Jeon

    (Meister Law Office)

  • Gyoung-Gyu Choi

    (Dongguk University-Seoul)

Abstract

Consolidation of the “Common European Market” is a key feature of the European Union, which is made possible by the freedom in movement of goods, capital, services, and people. The freedom of movement for businesses manifests itself as the right of establishment. The aim of this paper is to examine various issues surrounding the right of establishment and to analyze the position of the European Court of Justice (ECJ) in each case. The analysis of cases illustrates a consistent opinion of the ECJ: The right of establishment is highly protected, but it must be exercised in the context of national legislation. Government regulation in market access, on the other hand, must meet the imperative requirement doctrine: it must be non-discriminatory, there must be general public interest at stake, the regulation must be an effective means of promoting public interest, and the regulation must be necessary and proportional to the general interest at stake. In sum, the ECJ upholds the right of establishment but nonetheless respects the states’ specific regulatory authority as long as they conform to the imperative requirement doctrine.

Suggested Citation

  • Junghwan Jeon & Gyoung-Gyu Choi, 2016. "Promotion of the right of establishment in EU: focusing on the Imperative Requirement Doctrine," Asia Europe Journal, Springer, vol. 14(3), pages 297-318, September.
    • Handle: RePEc:kap:asiaeu:v:14:y:2016:i:3:d:10.1007_s10308-016-0448-z
    DOI: 10.1007/s10308-016-0448-z
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s10308-016-0448-z
    File Function: Abstract
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1007/s10308-016-0448-z?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Korom Veronika & Metzinger Peter, 2009. "Freedom of Establishment for Companies: the European Court of Justice confirms and refines its Daily Mail Decision in the Cartesio Case C-210/06," European Company and Financial Law Review, De Gruyter, vol. 6(1), pages 125-161, January.
    2. Schön Wolfgang, 2006. "The Mobility of Companies in Europe and the Organizational Freedom of Company Founders," European Company and Financial Law Review, De Gruyter, vol. 3(2), pages 122-146, June.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.

      More about this item

      Statistics

      Access and download statistics

      Corrections

      All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:asiaeu:v:14:y:2016:i:3:d:10.1007_s10308-016-0448-z. See general information about how to correct material in RePEc.

      If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

      If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

      If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

      For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

      Please note that corrections may take a couple of weeks to filter through the various RePEc services.

      IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.