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Legal European Company Forms to Realize Cross Border FOCJ – Functional Overlapping Competing Jurisdictions

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  • Peter Friedrich

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Abstract

Legal European Company Forms to Realize Cross Border FOCJ – Functional Overlapping Competing Jurisdictions Peter Friedrich Abstract Since several years Bruno Frey, Eichenberger and other authors launched the idea of a FOCJ “Functional Overlapping Competing Jurisdiction“. In Switzerland and USA school jurisdictions of FOCJ-type exist. The authors mentioned expect that this form of service offering competing jurisdiction would improve the efficiency of the public sector in Europe. To contribute to this discussion one has to check whether suitable institutional legal forms are available, and one has to formulate some theory of FOCJ formation and operation. With developing European integration also cross border activities should become more efficient. This caused during the past 30 years severe difficulties as legal public cross border activities had to be based on contracts between Member States of the European Union. Meanwhile four European legal forms of company laws have been developed to promote cross border cooperation. They comprise the European Company SE, the European Economic Interest Grouping EEIG, the European Cooperative SCE, and the European Territorial Cooperation Grouping ECTG .Four others are in the legislation process. They are the European Private Company SPE, the European Mutual Society ME, The European Association EA and the European Foundation EFS. To tackle the efficiency question for cross border FOCJ we discuss which kind of FOCJ seems appropriate for which cross border activities and whether the European legal forms of companies can be applied. Moreover, we show a model for establishment of a FOCJ, the finance and operation of a FOCJ. We conclude that a European Grouping of Territorial Cooperation in the framework of a Public Private Partnership might be a promising tool to realize a cross border FOCJ. Key words: Cross Border Cooperation, Functional Overlapping Competing Jurisdictions, Legal European Forms of Private or Public Law Companies, Public Private Partnership, Public-public Partnership Efficiency JEL – classification: H1, H42, H77, R10, R58, K22

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Paper provided by European Regional Science Association in its series ERSA conference papers with number ersa10p1009.

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Date of creation: Sep 2011
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Handle: RePEc:wiw:wiwrsa:ersa10p1009

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  1. Frey, Bruno S, 1997. "Ein neuer Föderalismus für Europa: Die Idee der FOCJ," Beiträge zur Ordnungstheorie und Ordnungspolitik, Mohr Siebeck, Tübingen;Walter Eucken Institut, Freiburg, Germany, Mohr Siebeck, Tübingen;Walter Eucken Institut, Freiburg, Germany, edition 1, volume 127, number urn:isbn:9783161467905.
  2. Roger Hartley & Richard Cornes, 2000. "Joint Production Games And Share Functions," Keele Department of Economics Discussion Papers (1995-2001), Department of Economics, Keele University 2000/07, Department of Economics, Keele University.
  3. Peter Friedrich & Anita Kaltschuetz & Chang Woon Nam, 2004. "Significance and Determination of Fees for Municipal Finance," CESifo Working Paper Series, CESifo Group Munich 1357, CESifo Group Munich.
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