Exercising the right to vote in the european economic interest grouping

AuthorCarmen - Nicoleta Barbieru
PositionFaculty of Law, Private Law Department, Alexandru Ioan Cuza University of Iasi, Romania
Pages1-6
AGORA International Journal of Juridical Sciences, www. juridicaljournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 4 (2014), pp. 1-6
1
EXERCISING THE RIGHT TO VOTE IN THE EUROPEAN ECONOMIC
INTEREST GROUPING
C. N. Brbieru
Carmen - Nicoleta Brbieru
Faculty of Law, Private Law Department
Alexandru Ioan Cuza University of Iai, Romania
*Correspondence: Carmen- Nicoleta Brbieru, Alexandru Ioan Cuza University of Iai, 11
Carol I St., Iai, Romania
E-mail: barbieru_carmen@yahoo.com
Abstract
The article proposes an analysis with respect to the exercise of the right to vote in the
European Economic Interest Grouping.
Both the European legislator through the Regulation No. 2137/1985, and the
Romanian one, t hrough the Law No. 161 of April 19
th
, 2003 related to certain measures to
ensure the transparency in the exercise of the public dignities, of the public functions and in
business, the prevention and s anction of c orruption have given an important place to the
autonomy of the will of the me mbers with regard to the functioning of the group, the first one
limited itself regarding the Organization of the group to determine the minimum number of
bodies of the group, namely the decision-making and the group administrator. The analysis of
the exercise of the right to vote has a triple purpose: the exercise of the right to vote, the
criteria for the award of the right to vote and making decisions.
Keywords: Regulation, law, Romanian, group, vote, decisions.
Introduction
The To enable the adoption of the European Economic Inte rest Grouping to a
multitude of y situations it may face to achieve its objective, the European legislator has
reserved an important place to the autonomy of will of its members regarding its operation,
though it provided certain mandatory rules and it authorized the Member States to draw
others into their national laws. This one, related to the European Economic Interest Grouping
organization, limited itself to only set a minimum number of organs of the group, leaving to
its members the opportunity to also provide the existence of other organs, provided, however,
that they are stipulated in the contract of association
1
.
Like a legal person, the European Economic Interest Groupi ng has no organic
existence and therefore no natural will. Therefore, its will is manifested itself through its
bodies.
According to Article 16 of the Regulation No.2137/1985 the will of the European
Economic Interest Grouping will be formed in the body of deliberation which consists of the
group members acting collectively, this body being equivale nt to the general meeting of a
profit making company. The Gr oup’s will be ac complished by the legal acts of the
administrator or the Group’s administrators
2
.
1
Members can also predict in the content of the contract of incorporation of the grouping,
bodies, such as a supervisory board, a technical committee or a censor.
2
Gh. Piperea, Drept comercial, C.H. Beck Publishing H ouse, Bucharest, 2012, pp. 139 and the next ones.

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