Freedom of establishment

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The establishment is a subspecies of free movement and concerns the right of natural and legal persons in another State independent professional activities take up and pursue, start-ups or to organize a corporate management to act.


The freedom of establishment is part of the fundamental freedom and includes the freedom to travel , the right to move one's place of residence or business within a certain territory and to settle in a freely chosen location, to work there and to reunite one's family as well as to leave one's country and return here.

Legal issues

According to Art. 49 TFEU , restrictions on the freedom of establishment of nationals of one EU member state in another member state are prohibited, in particular they are allowed to set up agencies , branches , subsidiaries or branches . In addition to the right to move and reside freely, the freedom of establishment implicitly also includes the right to leave the country of origin and enter another member state.

In the European Union are EU citizens organized under the laws of an EU Member State and companies with seat , central administration or principal place of business within the EU the right to settle in any Member State of the European Union. Establishment is defined as the actual pursuit of an economic activity through a permanent establishment in another Member State for an indefinite period. This freedom has existed since 1957 through the Treaty establishing the European Community .


In Switzerland , freedom of establishment corresponds to the concept of freedom of movement that is customary in Germany . See Basic Rights (Switzerland) .

See also

Individual evidence

  1. Jérémie Gilbert, Nomadic Peoples and Human Rights , 2014, p. 73: "Freedom of movement within a country encompasses both the right to travel freely within the territory of the State and the right to relocate oneself and to choose one's place of residence."
  2. Kees Groenendijk / Elspeth Guild / Sergio Carrera, Illiberal Liberal States: Immigration, Citizenship and Integration in the EU , 2013, p. 206: "[F] reedom of movement did not only amount to the right to travel freely, to take up residence and to work, but also involved the enjoyment of a legal status characterized by security of residence, the right to family reunification and the right to be treated equally with nationals. "
  3. ECJ, judgment of March 11, 2004, Az .: Rs. C 9/02 ( Hughes de Lasteyrie du Saillant ) = EuZW 2004, 270
  4. Jan Bergmann, Handlexikon der European Union , 5th edition 2015, keyword "Freedom of establishment"
  5. ^ Sandro Guzzi-Heeb: Freedom of establishment. In: Historical Lexicon of Switzerland .