Perspectives on the Right to Establish Economic Activities in the Field of the European Community

Authors

  • Daniela Lameş Tribunalul Permanent de Arbitraj Instituţionalizat

DOI:

https://doi.org/10.18662/lumenlaw/15

Keywords:

third party, community, legal offices, treaty, regulation, professions, economic agent, legal norm.

Abstract

Accession to the European Union has led to the existence of a common market, the need for regulations of state, regional and community legal norms regarding the establishment of economic activities and liberal professions in the European Union. These have led to unitary regulations in the system of Community law. The study presents the characteristics and the benefits that the economic agents acquire through the economic activity carried out, with the beneficiary being the third party. This is confirmed by law, rights and limitations, so in the context of the presentation, we present the conditions and principles underlying any economic agent: non-discrimination, free access to the single market, equivalence of study documents, etc. We present the normative classification regarding the activity of the economic agents, the updating of the Romanian legislation to the European regulations, notices and directives, which lead to their implementation in Romania by transposition into the Romanian legislation. The present study outlines the right of citizens to have a place of business in the territory of another Member State of the European Union. As a novelty, we are configuring the progress made on the right of establishment of economic agents, noting the substantive and procedural aspects applied to nationals as direct beneficiaries of the economic activities in the European Union.

Author Biography

Daniela Lameş, Tribunalul Permanent de Arbitraj Instituţionalizat

Law (Juridic/Administrativ)

References

CJCE, Reyners judgment of 21.06.1074, 1974 Collection of Decisions, p. 631;

Directive 77/249 / EEC, Directive facilitating the effective exercise of the freedom to provide services by lawyers, Council Directive of 22 March 1977

Directive 98/5 / EC, the permanent pursuit of the profession of lawyer in another EU country than the country in which the qualification was obtained, to the European Parliament and the Council on 16 February 1998.

ECJ - Gebhard judgment of 30.11.1995, Case C-55/94, Reports of Judgments, 1995, pp. 41-65;

Extraordinary European Council in Lisbon, 23-24 March 2000 and renewed by the Brussels European Council of 22-23 March 2005. Retrieved from http://vechi.anpcdefp.ro/userfiles/Anexa_3_TiM_Strategia_Europa_2020.pdf

Law no. 156/2000 of 26 July 2000 *** The Republic of Romania on the Protection of Romanian Citizens Working Abroad, republished in the Official Gazette of Romania, Part I, no. 291 of May 5, 2009;

The Association of Romania to the European Union, February 1, 1993.

The European Free Trade Association was established in 1960 (EFTA).

The Maastricht Treaty, also called the Treaty of the European Union, signed on 7 February 1992, in force on 1 January 1993, procedure 189 B.

The Treaty establishing the European Economic Community (EEC) was signed in Rome on 25 March 1957 and entered into force on 1 January 1958, 52 - art. 57.

Tinca, O. (2001). Treaty of Nice. Law Magazine, 9/2001, p. 14.

Treaty on the European Economic Area, 1992, in force since January 1, 1994

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Published

2019-06-25

How to Cite

Lameş, D. (2019). Perspectives on the Right to Establish Economic Activities in the Field of the European Community. Logos Universality Mentality Education Novelty: Law, 7(1), 26-35. https://doi.org/10.18662/lumenlaw/15

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