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The Commission’s 2018 Proposal on Cross-Border Mobility – An Assessment

Author

Listed:
  • Davies Paul

    (Senior Research Fellow, Centre for Commercial Law, Harris Manchester College, Oxford; Emeritus Allen & Overy Professor of Corporate Law, University of Oxford.United Kingdom of Great Britain and Northern Ireland)

  • Emmenegger Susan

    (Professor of Private and Banking Law, University of Berne.Germany)

  • Ferran Eilís

    (Professor of Company and Securities Law, University of Cambridge.United Kingdom of Great Britain and Northern Ireland)

  • Ferrarini Guido

    (Emeritus Professor of Business Law, University of Genoa.Italy)

  • Hopt Klaus J.

    (Emeritus Professor of Law, Max Planck Institute, Hamburg.Germany)

  • Moloney Niamh

    (Professor of Law, LondonSchool of Economics.United Kingdom of Great Britain and Northern Ireland)

  • Opalski Adam

    (Professor of Law, University of Warsaw.Poland)

  • Pietrancosta Alain

    (Professor of Law, Sorbonne Law School, University of Paris 1.France)

  • Roth Markus

    (Professor of Civil Law, Labour Law, German and European Business Law, University of Marburg.Germany)

  • Skog Rolf

    (Honorary Professor of Company and Stock Exchange Law, University of Gothenburg.Germany)

  • Winner Martin

    (Professor of Business Law, ViennaUniversity of Economics and Business.Austria)

  • Winter Jaap

    (Professor of Law, Free University of Amsterdam.Netherlands)

  • Wymeersch Eddy

    (Emeritus Professor of Law, University of Gent.Belgium)

Abstract

Currently, the Council of the European Union is negotiating the European Commission’s recent proposal on cross-border mobility. This paper provides an overall assessment based on the proposal’s central pillars: freedom of establishment and protection of the interests of creditors, shareholders, and employees. The proposed directive meets a real necessity for regulation on a European level and pursues an ambitious agenda. While the general approach is excellent, there is room for improvement on some issues of importance.

Suggested Citation

  • Davies Paul & Emmenegger Susan & Ferran Eilís & Ferrarini Guido & Hopt Klaus J. & Moloney Niamh & Opalski Adam & Pietrancosta Alain & Roth Markus & Skog Rolf & Winner Martin & Winter Jaap & Wymeersch , 2019. "The Commission’s 2018 Proposal on Cross-Border Mobility – An Assessment," European Company and Financial Law Review, De Gruyter, vol. 16(1-2), pages 196-221, April.
    • Handle: RePEc:bpj:eucflr:v:16:y:2019:i:1-2:p:196-221:n:2
    DOI: 10.1515/ecfr-2019-0002
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