Aspects of European Legal Harmonization: When European Politicized Law Meets Freedom of Establishment and Vice Versa
The following article deals with the questions of European Legal Harmonization and takes an exemplary approach to an initial analysis of the field of freedom of establishment and its effects on European company law. This Europeanized field of law thus represents an inductive observation of the topic of harmonization but it can also occasionally symbolize, pars pro toto, other harmonized legal areas. Regarding freedom of establishment, it should be shown that European harmonization has been taking shape for many years and that new requirements are constantly being created for, and through diverse political key players. Here, some key players could be identified, the special role of the European Court of Justice could be emphasized; and topics of such Europeanization could be briefly pursued. However, it will be shown that the monopoly position of this institution—not political in itself—is remarkable. Finally, full harmonization is probably not yet on the way in terms of legal culture and is hardly feasible in practice. However, in part we will also attempt to provide a general categorization of the socio-legal as well as normative key aspects, and their consequences for the de facto European legal harmonization. In an initial review, we also want to look at ways of improving the system.