What laws the European Union (EU) will subject Österreich Plattagrund b.v. Before it starts to operate in a foreign land?

What laws the European Union (EU) will subject Österreich Plattagrund b.v. Before it starts to operate in a foreign land?

European Union laws and regulation are binding agreements that must be complied with by any form of incorporation within its territories. The union has got a political institution that is influenced by both economic and social well being. The new investment company that is, Osterreich Plattagrund b.v for it to be active and in operation in Australian territory it has to be in liaison to the laws of the land. The agreement and the attainment of the required standards will call for the state protection and will give the customers hope thus attaining the client base and the required income from its investments. The Austrian law according to them is like the light that will be guiding them in every step of the operation. This will achieve the smooth running of the activities. For the foreign investment to triumph in the European Union, it must comply with laws of the land because the customer’s interest must be protected by the state (Dachs et al. 2008,393-406). Some of the legal requirements for the country will be discussed below, and what is their repercussion just in case they are not followed by the member companies.

First, for the company to be incorporated in the land, it will have to prove that it has got a limited liability. This is because for the company to be inexistent, it must prove to be a separate legal entity from its members. The state will be concerned about the liability to safeguard the interest of the member states. There is no surety that the company will be a going concern in its operations. The new foreign company that is, Osterreich Plattagrund b.v, because it will be serving customers from outside the Austria company, it must have goodwill from the original land it was incorporated. On the other hand, the registrar of companies will have to receive all the registration requirements including the list of directors as a matter of safeguarding their nationals against any form of loses that they may encounter in the future. This is because the business it’s not a must that it must succeed unless it has an active management and administration bases (Evans, 2012, 497-515).

Austria has got a peaceful business environment including offices for foreign investment to take place. The Osterreich Plattagrund b.v company wants to lease a fully equipped office for a short duration. For any new company in a foreign land, it will have first to establish its business base before it starts to operate. The company is supposed to pay a minimum of € 100,000 to the Austria central government. This is the amount of money that will act as security to help in the future to pay customers to the company (Payne, 2005, 41-55). However, the amount of money spent will be refunded back upon completion of the tenure with the Austria nationals.  The assets the company has acquired it its new office are not at their disposal; this means that they cannot use them as security against any form of a loan or upon liquidation. Therefore, the payment of the money to the central government before it starts operation it is mandatory.

For accompany to exist, it must have shareholders and directors, meaning that it must not exist in a vacuum. The shareholders will have a responsibility of day to day running of the business, and there must be at least one shareholder. Also, a registered managing director who must not necessarily be a resident of Austria must be in existence to help in facilitating the day to day running of the operations. The duo will be accountable and answerable directly to the registrar of the state and all the state that it will be serving to be it by phone calls or the email address. For the company to operate, it must have been in operation for not less than five years since it started to work (Evans, 2012, 497-515). Therefore, the state legal requirement is all about safeguarding the interests of the company as well as the customers while making some revenue from foreign investments.

Finally, as a legal requirement, the state has to has work in liaison with the company to monitor its operations. This can be done from how an individual company declares its financial base and proves that whatever that is their books of account is the right and fair view of their company. Auditing of the Osterreich Plattagrund b.v company’s books of account and declaration of their wealth to the state will be at the forefront of their day to day running operation to the government. The amount declared will help the government in safeguarding the affairs of the member states and their investments.  The financial base announced will have to be proved at different by the government before the operation to help in preventing any form of liquidation that may be probable in future (Giubboni, 2015, 1-18). Therefore, for the company to effectively and efficiently operate in Austria, it must comply with all the rules and regulations for the smooth running of the operation and the promising future. The customers as well receive the hope of their investments because of the government involvement in the process of the new company.

Rights of entry and residence

Despite the family being foreigners in Austria, they will be entitled to a number of reasons concerning their entry and residence. Carla and the husband David will be the custodians of their children that are killed and Jason who is taken care of because of his disability by Tamsin.  During the entry, they are all entitled to fair treatment by the immigration department Austria. However, during their time of residence, every individual will be allowed to some different rights that are very distinct from others. Carla being an employee in the new country will have a right to enter into trade unions that will be facilitating the bargaining agreements like for other citizens of the state (Payne, 2005, 41-55). Tasmin and Carla, they are the ladies who are entitled to rights against violence and FGM. The women are highly protected against any violence because they are regarded as weaker beings. Kylle, who is four years old, during his residence has got rights against child abuse and protection from their parents. The rights to education are provided by the state which as well the children are at liberty to secure. Jason, who is 22 years old and disabled, should be protected against any form of discrimination. According to the laws and regulations of Austria even if a resident is temporarily residing in the state, they are equally protected like other Austrian citizens.

The separation between Husband and wife

The divorce will not have any significant impact on the family only that the children will lack the rights of having the protection of both parents. This means that the children’s rights will be violated because there are those basics they receive from their parents will not be provided by only the mother. According to the state, both Carla and David are still husband and wife. This is because they are even registered as a couple; all the benefits received from the state will not go to a person but instead a family (Giubboni, 2015, 1-18). The only difference could have been if they both separated through the divorce in the courts of law. Therefore, the separation will not bring any much difference about their engagement that they were in, only that it will bring some discomfort among the children and the wife.

 

 

 

Question 2

 

Freedom of movement in the European Union’s territories

Freedom of action among the European nations involved access to mobility rights or the rights to travel. According to the constitution the movement was regarded as a human right that involved a change from one place to another within the territories of the European states. In the EU states the freedom of movement has highly facilitated the economic development among the member states. This has been promoted through the easy of workforce travel from one country to another. The Austria state has got legislation that guided the movements and the stay at a given place. The regulations are governed by some references to the prior cases that were solved in the courts of law. This has promoted clarity in the administration of the systems used in the operations.

Some cases are describing how the legislation has been applied in the state. For instance, Case 379/8 Groener v Minister for Education [1989] ECR 3967, is a case that has been dealt with under the discrimination and market access. According to the European Union, some laws have been in place to help in regulating any form of mistreatment of the immigrants. The case was dealt in 1989 where it assisted in solving the discriminations and any limited access to the market by the minister of education. The minister had an idea of introducing some logistic program in the European member states; unfortunately, he was prevented from accessing some markets. The case has been so instrumental in solving the current and also is expected to address any future claims related to the territorial limitations.

As per the ruling of the case, for an individual to become the citizen of the member state, he or she must be ready to act in accordance with the set regulations of the country. This is because; the European Union is just but an umbrella of that depending on the constitutions of the member states. Therefore, one does not become a citizen by being a member of the other European country. It will call for him or her to reside in the state for more than two years and to be active in economic growth to help in development projects. This will end up making an individual is eligible. Also, any child born within the boundaries of the state automatically becomes a citizen. According to the ministry of education, a foreigner is not entitled to carry out some educational activities without involving the foreigner that is the members of the neighbouring states.

The right to association is given to foreigners but only to a given extent, which is in line to the purpose they registered they are to carry out in their current state. If one is found violating the rule, he or she is deported back to their home country. According to the court, one has to have a letter that explains what he or she is to address to the general public as a sign of being responsible to the state. Allegiance to the general rule is achieved through the complying with what had brought an individual to where he or she is residing at the moment. This will help in creating a room for negotiation among the state and the individual before any verdict.

According to the constitution of the European Union, their structure has highlighted some rights and the freedom to be enjoyed by the member states. This right facilitates the movement of the members freely and operation within countries. Despite the freedom of movement, there must be a defined purpose for one to move from place to place. For instance, some of the limitations to the campaign in case of employment in a given member state involves the following, and one has to accept any offer made concerning the work and also, move freely within the country for the intended purpose. Therefore an employee in a foreign state cannot start conducting other businesses that are not defined in his or her work permit. This made the minister for education to emerge victorious in their case against Groener who was found guilty of conducting other businesses that were contrary to the terms and conditions of his employment. While in the foreign state one should be guided by the rules and regulations of the country and the employment acts of the state (Giubboni, 2015, 1-18). These rules and regulations will curtail any form of misconduct or violation of the ordinary rights of employment. Therefore the case is analysed concerning the Acts of the European Union states that were set during its inception. Any violation of the Act will call for punishment according to the law of the state an individual is residing at the time an irregularity has occurred.

In light of the Ruiz Zambrano v Office National de l’Emploi case the citizenship according to the treaties of the European Union. It can be enjoyed by the nationals of the member states and the nationals of the Union. This means that the residents from the member of the European Union’s will also enjoy the rights and the freedoms of the country they are residing in like the inhabitants of the state (Jacobs, 2007, 591-610). The conclusion was arrived at during the ruling of the case Ruiz Zambrano v Office National de l’Emploi. The members are currently moving freely carrying out economic and social activities without being curtailed an indication of good partnership that was created by the treaties that were signed.

The judgment of the case did not bring about any form of discrimination because; it left it general for any willing citizen to freely move. Some treaties that were signed in the world only strong commercial activities. This means that the free moments circled along the trade and other business-related activities. The passport provided by the member states it was enough for them to move according to the ruling of the case in the year 2001. The evaluation of the case gives room for the members to enjoy and exercise their freedom freely without limitations. The members of the other nationals, it’s not a must for them to become citizens before operating or investing in the nations that are within the European Union dominion (Payne, 2005, 41-55).

According to the status of the members that were spelt out in the year 2001, the members are currently enjoying some rights that are common to everybody. They are enjoying the right to free movement from one place to another within the territories of the state. On the other hand, the members have the right to association and assembly. However, the right to assembly is only limited to the purpose that you are carrying out in a given state (Evans, 2012, 497-515). This will help in reducing any criminal activities that may arise thereon or any form of suspicion.  If one is found violating the rights that are in line with the provisions spelt out, he or she will be deported to their state of residence.

In light of the subsequent cases that might arise within the European Union territory, an individual should be ready to face it out. This can be possible because there are already some of the similar cases that have been solved. Therefore, the court should try not to use the previous instances in addressing the current ones too much. But, instead, they should use them sparing as they tend to improve on their rulings that will help in facilitating the residence.  The case Ruiz Zambrano v Office National de l’Emploi is accurately analysed to assist in regulating any form of mishandling and discrimination that might be encountered by the nationals.

In conclusion, therefore, the freedom of movement is a right that is enjoyed all over the world by different state members. It can only be freed if done following the set state rules. For the case of the European Union, the freedom of movement article must go in line with those of the member states, to prevent any form of discrimination and negative critics. But if the movements made is not in accordance to the set rules and the standards, then it will have to call for the amendment to capture all the relevant articles to prevent any form of superiority complex over the other (Giubboni, 2015, 1-18). The best thing is that the freedom enjoyed emanated from the previous cases that were solved and were in line with the current situations that are occurring. Any form of conflict that may arise in the member states it is due to the high rates of insecurity and the political instability environment that is experienced from the members of different countries.

 
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