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Vol 4, 2014
Pages: 404 - 413
Review paper
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INTERNACIONALNI UNIVERZITET TRAVNIK U TRAVNIKU
EKONOMSKI FAKULTET TRAVNIK U TRAVNIKU
PRAVNI FAKULTET TRAVNIK U TRAVNIKU
FAKULTET ZA MEDIJE I KOMUNIKACIJE TRAVNIK U TRAVNIKU

u saradnji sa

MIT UNIVERZITET SKOPLJE, SJEVERNA MAKEDONIJA
VEVU, VELEUČILIŠTE LAVOSLAV RUZIČKA U VUKOVARU, HRVATSKA
VELEUČILIŠTE VIMAL, SISAK, HRVATSKA
CKKPI, TRAVNIK, BOSNA I HERCEGOVINA

organizuju

31. MEĐUNARODNU KONFERENCIJU

EKONOMSKE, PRAVNE I MEDIJSKE INTEGRACIJE BOSNE I HERCEGOVINE I ZEMALJA ZAPADNOG
BALKANA KAO KLJUČNI POKRETAČ EUROPSKIH VRIJEDNOSTI

12. – 13. decembar 2025. godine

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Received: 07.12.2014. >> Accepted: 13.12.2014. >> Published: 18.12.2014. Review paper

SLOBODA POSLOVNOG NASTANA I SLOBODA PRUŽANJA USLUGA U PRAVU EUROPSKE UNIJE / THE FREEDOM OF A BUSINESS ESTABLISHMENT AND THE FREEDOM OF OFFERING SERVICES IN THE RIGHTS OF THE EUROPEAN UNION

By
Duško Stić ,
Duško Stić
Ilija Crljenica
Ilija Crljenica
Abstract

The freedom of a business establishment is regulated by an Agreement on the functioning of the European Union which includes the right for activating and performing business activities in another country member of the European Union. The business activity is activated and performed in accordance with terms which the right of the member of the Union in which that business establishment is active defines for its citizens. Therefore, the freedom of a business establishment marks the right to the citizen (legal or physical entity) of a certain Union member to establish (activate) and perform the activities of an independent legal entity in the area of the member which is not his domicile state. On the other hand, the freedom of offering services is also regulated by the Agreement on the functioning of the European Union, and marks the right of the trans-boundary offering of services in the more narrow sense. These two freedoms were covered by achieving mutual markets which presupposes the freedom of the business establishment and the freedom of service movement or ensuring of the offering and selling of services in other member countries under the same terms as in the domestic market. In doing so, all citizens of the Union must have equal and free access to all services. The decisions of the European Court gave limitations between the freedoms of the business establishment and the freedoms of offering services, where the duration of the activities (periodic or continuous) are taken as a criterion. Even though there are no regulated criteria when the temporary trans-boundary offering of services becomes a business establishment, it is necessary to know that with business establishments, there is always an intention that a business activity is performed long-term in another country member. In accordance with this, in this article we will identify the differentiating items between the freedom of a business establishment and the freedom of offering services in the rights of the Union.

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