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

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 () and Wymeersch Eddy ()
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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

European Company and Financial Law Review, 2019, vol. 16, issue 1-2, 196-221

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.

Date: 2019
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DOI: 10.1515/ecfr-2019-0002

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