The century old international tax system is in the middle of being rebuilt. Between the hope for a compromise and the fear of a tax war breaking out, this article inquires whether the EU should implement a minimum corporate taxation directive along the lines of the OECD GLOBE proposal. This question has legal and political dimensions. On the one hand, Art. 115 TFEU, which would be the basis for such a directive, demands an EU minimum taxation regime to promote the Internal Market. The article suggests that this may succeed. On the other hand, Art. 115 TFEU requires unanimity in the Council. Thus, and given the heterogeneity of Member States’ interests, additional tax policy reasons favouring such a directive are needed. Considering expectable reactions of taxpayers in a competitive environment and taking account of potential developments outside the EU, the author concludes that, overall, the implementation of an EU minimum taxation regime may – especially as a safeguard of origin based taxation – benefit the EU and all of its Member States. With the credible enforceability of minimum taxation rules being key, the author suggests EU action to establish minimum corporate taxation even if all EU Members States support the OECD proposal.
{"title":"Should the EU implement a minimum corporate taxation directive?","authors":"Moritz Scherleitner","doi":"10.2139/ssrn.3697903","DOIUrl":"https://doi.org/10.2139/ssrn.3697903","url":null,"abstract":"The century old international tax system is in the middle of being rebuilt. Between the hope for a compromise and the fear of a tax war breaking out, this article inquires whether the EU should implement a minimum corporate taxation directive along the lines of the OECD GLOBE proposal. This question has legal and political dimensions. On the one hand, Art. 115 TFEU, which would be the basis for such a directive, demands an EU minimum taxation regime to promote the Internal Market. The article suggests that this may succeed. On the other hand, Art. 115 TFEU requires unanimity in the Council. Thus, and given the heterogeneity of Member States’ interests, additional tax policy reasons favouring such a directive are needed. Considering expectable reactions of taxpayers in a competitive environment and taking account of potential developments outside the EU, the author concludes that, overall, the implementation of an EU minimum taxation regime may – especially as a safeguard of origin based taxation – benefit the EU and all of its Member States. With the credible enforceability of minimum taxation rules being key, the author suggests EU action to establish minimum corporate taxation even if all EU Members States support the OECD proposal.","PeriodicalId":157040,"journal":{"name":"University of Helsinki Faculty of Law Legal Studies Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128487827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The essays examines two strands of thought in the conceptualisation of the functions of law in the development of the project of European Union. One is the idea that the integration project could be guided by and promoted mainly "through law", eventually accompanied and complemented by political bargaining processes. The other is the constitionalisation project which advocated the accomplishment of an Ever Closer Union through an ever more comprehensive legal fabric of constitutional provisions. Both projects are deeply affected by the by now extremely critical 'State of the Union', in particular the financial crisis which goes hand in hand with the pressures exerted by European rule on national systems of social welfare. A common background of these failures is identified in the equation of 'domestic justice' as realized in the post-war constitutional democracies of Western Europe with justice between these societies. These tensions remained latent for long but where bound to break up with the ever more deepening socio-economic diversity in the Union, development which was accelerated by the process of Eastern enlargement. Neither the rigid institutionalisation og economic rationality through their internal market programme and Monetary Union nor technocratic managerialism will be able to cure the current crises. The paper advocates instead a re-conceptualisation of European law "as a new type of conflicts law". This type of conflicts-law constitutionalism requires a move from substantive prescriptions aiming at uniformity despite socio-economic diversity towards a proceduralisation of the European law which acknowledges Europe’s diversity and seeks to stabilise the Union through problem-oriented conflict resolution.
{"title":"Justum facere in the European Integration Process: How Should the Law Promote the Constitutionalization of Europe?","authors":"C. Joerges","doi":"10.2139/ssrn.2214814","DOIUrl":"https://doi.org/10.2139/ssrn.2214814","url":null,"abstract":"The essays examines two strands of thought in the conceptualisation of the functions of law in the development of the project of European Union. One is the idea that the integration project could be guided by and promoted mainly \"through law\", eventually accompanied and complemented by political bargaining processes. The other is the constitionalisation project which advocated the accomplishment of an Ever Closer Union through an ever more comprehensive legal fabric of constitutional provisions. Both projects are deeply affected by the by now extremely critical 'State of the Union', in particular the financial crisis which goes hand in hand with the pressures exerted by European rule on national systems of social welfare. A common background of these failures is identified in the equation of 'domestic justice' as realized in the post-war constitutional democracies of Western Europe with justice between these societies. These tensions remained latent for long but where bound to break up with the ever more deepening socio-economic diversity in the Union, development which was accelerated by the process of Eastern enlargement. Neither the rigid institutionalisation og economic rationality through their internal market programme and Monetary Union nor technocratic managerialism will be able to cure the current crises. The paper advocates instead a re-conceptualisation of European law \"as a new type of conflicts law\". This type of conflicts-law constitutionalism requires a move from substantive prescriptions aiming at uniformity despite socio-economic diversity towards a proceduralisation of the European law which acknowledges Europe’s diversity and seeks to stabilise the Union through problem-oriented conflict resolution.","PeriodicalId":157040,"journal":{"name":"University of Helsinki Faculty of Law Legal Studies Research Paper Series","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126409236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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