IDEAS home Printed from https://ideas.repec.org/p/wiw/wiwrsa/ersa10p1009.html
   My bibliography  Save this paper

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

Author

Listed:
  • Peter Friedrich

    ()

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

Suggested Citation

  • Peter Friedrich, 2011. "Legal European Company Forms to Realize Cross Border FOCJ - Functional Overlapping Competing Jurisdictions," ERSA conference papers ersa10p1009, European Regional Science Association.
  • Handle: RePEc:wiw:wiwrsa:ersa10p1009
    as

    Download full text from publisher

    File URL: http://www-sre.wu.ac.at/ersa/ersaconfs/ersa10/ERSA2010finalpaper1009.pdf
    Download Restriction: no

    References listed on IDEAS

    as
    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, edition 1, volume 127, number urn:isbn:9783161467905, September.
    2. Peter Friedrich & Anita Dehne & Chang Woon Nam, 2004. "Significance and Determination of Fees for Municipal Finance," CESifo Working Paper Series 1357, CESifo Group Munich.
    3. Roger Hartley & Richard Cornes, 2000. "Joint Production Games And Share Functions," Keele Department of Economics Discussion Papers (1995-2001) 2000/07, Department of Economics, Keele University.
    Full references (including those not matched with items on IDEAS)

    More about this item

    JEL classification:

    • H1 - Public Economics - - Structure and Scope of Government
    • H42 - Public Economics - - Publicly Provided Goods - - - Publicly Provided Private Goods
    • H77 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Intergovernmental Relations; Federalism
    • R10 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General Regional Economics - - - General
    • R58 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Regional Government Analysis - - - Regional Development Planning and Policy
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

    NEP fields

    This paper has been announced in the following NEP Reports:

    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:wiw:wiwrsa:ersa10p1009. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Gunther Maier). General contact details of provider: http://www.ersa.org .

    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 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.

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

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.