MIME-Version: 1.0 Content-Location: file:///C:/CAE31AB4/ARTICLE44.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 44]

SINGLE MARKET:

EMPOWERED EUROPEAN PARLIAMENT GIVEN POWERS OVER

FREEDOM OF ESTABLISHMENT

 [ARTICLE 44]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on the Functioning of the European Union, Part Three Policies and Internal Act= ions of the Union, Title III – Free movement of persons, services and capi= tal, Chapter 2 – Right of establishment, Article 44

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Amendment:<= /o:p>

Clause  2,&n= bsp; page  1,  line  12,  after ‘excluding’, insert—

 

‘(i) Article 2, paragraphs 52 to 55, amendments to Articles 44(2), 45 and 47, and inserted Article 48a TEC (TFEU) relating to freedom of establishment; and

 

(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

“= ;FREEDOM OF ESTABLISHMENT

52) In= Article 44(2), the words "The European Parliament," shall be inserted at = the beginning of the paragraph.”=         &= nbsp;  

 

Consolidated Treaty Article(s):

 “Article 44

1. I= n order to attain freedom of establishment as regards a particular activity, the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, shall act by means of directives.

2. The Council and the Commission shall carry out the duties devolv= ing upon them under the preceding provisions, in particular:<= /p>

(a) by according, as a general rule, pri= ority treatment to activities where freedom of establishment makes a particularly valuable contribution to the development of production and trade;

(b) by ensuring close cooperation betwee= n the competent authorities in the Member States in order to ascertain the partic= ular situation within the Community of the various activities concerned;

(c) by abolishing those administrative procedures and practices, whether resulting from national legislation or fr= om agreements previously concluded between Member States, the maintenance of w= hich would form an obstacle to freedom of establishment;

(d) by ensuring that workers of one Member State employed in the territory of another Member State may remain in that territory for the purp= ose of taking up activities therein as self-employed persons, where they satisfy the conditions which they would be required to satisfy if they were entering that State at the time when they intended to take up such activities;<= /o:p>

(e) by enabling a national of one Member State to acquire and use land and buildings situated in the territory of another = Member State, in so far as this does not conflict with the principles laid down in Article 33(2);

(f) by effecting the progressive abolition of restrictions on freed= om of establishment in every branch of activity under consideration, both as regards the conditions for setting up agencies, branches or subsidiaries in= the territory of a Member State and as regards the subsidiaries in the territor= y of a Member State and as regards the conditions governing the entry of personn= el belonging to the main establishment into managerial or supervisory posts in such agencies, branches or subsidiaries;

(g) by coordinating to the necessary ext= ent the safeguards which, for the protection of the interests of members and ot= her, are required by Member States of companies or firms within the meaning of t= he second paragraph of Article 48 with a view to making such safeguards equiva= lent throughout the Community;

(h) by satisfying themselves that the conditions of establishment are not distorted by aids granted by Member Sta= tes.”

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Expl= anation:

Under this Article as amended by the Lisbon Treaty, the European Parliament will also carry out the tasks define= d in this Article concerning the freedom of establishment as well as the Council and the Commission.

 

It has always amounted to the uniform entitlement of workers in one= Member State employed in the territory of another Member State to stay withi= n that country in order to pursue their employment as self-employed persons. It al= so provides uniform European conditions governing the entry of personnel belon= ging to a main establishment into managerial or supervisory posts. It places unf= air restrictions on the opportunities, entitlements of the British people and t= he freedom of establishment within the UK.