TÁC ĐỘNG CỦA QUYỀN TỰ DO THÀNH LẬP TỚI CÁC BIỆN PHÁP HẠN CHẾ CÔNG TY GIẢ HIỆU NƯỚC NGOÀI Ở LIÊN MINH CHÂU ÂU

Abstract

Abstract: The article analyses the impact of the freedom of establishment on
legislative and judicial practice in the European Union, focusing on cases related to
pseudo-foreign companies. Based on comparative research methods and case-law
analysis, the study shows that the freedom of establishment has a profound impact on
judicial approaches to determining the scope and legitimacy of measures designed to
prevent the abuse of law by companies with cross-border elements. The results further
reinforce the argument that any measures to restrict such companies can only be
accepted if they are built on the principles governing limitations on fundamental rights,
ensuring a proportionate balance between preserving the freedom of establishment and
protecting the public interest.
Keywords: Freedom of establishment; freedom to conduct a business; pseudoforeign company.