Exercising the right to vote in the european economic interest grouping

• Author: Carmen - Nicoleta Barbieru
• Position: Faculty of Law, Private Law Department, Alexandru Ioan Cuza University of Iasi, Romania
• Pages: 1-6

AGORA International Journal of Juridical Sciences, www. juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2014), pp. 1-6

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EXERCISING THE RIGHT TO VOTE IN THE EUROPEAN ECONOMIC

INTEREST GROUPING

C. N. Brbieru

Carmen - Nicoleta Brbieru

Faculty of Law, Private Law Department

Alexandru Ioan Cuza University of Iai, Romania

*Correspondence: Carmen- Nicoleta Brbieru, Alexandru Ioan Cuza University of Iai, 11

Carol I St., Iai, 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, through 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 sanction of corruption have given an important place to the

autonomy of the will of the members 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 hasa 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 Interest 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 Grouping 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 equivalent to the general meeting of a

profit making company. The Group’s will be accomplished by the legalacts of the

administrator or the Group’s administrators

2

.

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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.