TY - JOUR
T1 - Promotion of the right of establishment in EU
T2 - focusing on the Imperative Requirement Doctrine
AU - Jeon, Junghwan
AU - Choi, Gyoung Gyu
N1 - Publisher Copyright:
© 2016, Springer-Verlag Berlin Heidelberg.
PY - 2016/9/1
Y1 - 2016/9/1
N2 - 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.
AB - 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.
UR - http://www.scopus.com/inward/record.url?scp=84961839719&partnerID=8YFLogxK
U2 - 10.1007/s10308-016-0448-z
DO - 10.1007/s10308-016-0448-z
M3 - Article
AN - SCOPUS:84961839719
SN - 1610-2932
VL - 14
SP - 297
EP - 318
JO - Asia Europe Journal
JF - Asia Europe Journal
IS - 3
ER -