2019/1151号指令在欧盟公司法数字化中的意义

Medychne pravo Pub Date : 2023-01-01 DOI:10.5937/ptp2303068m
Nina Maksimović-Sekulić
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摘要

随着欧盟信息和通信技术的快速发展,通过欧盟战略建立数字单一市场,允许个人(自然人)和法人实体利用互联网进行公平的市场竞争。然而,欧盟成员国之间的监管差异给在欧盟单一市场内从事跨境活动的企业带来了挑战。在使企业家和公司能够就与其业务有关的问题与主管机构进行沟通的互联网工具的可用性方面,成员国之间存在很大差异。此外,成员国之间的电子政务服务也各不相同。一些成员国提供全面的、用户友好的完全在线服务,而另一些成员国则难以在企业生命周期的关键阶段提供数字解决方案。在某些欧盟成员国,成立公司或向登记册提交文件和信息修订只允许亲自,或亲自或电子方式,而在一些成员国,这只能通过电子方式完成。数字化旨在简化建立商业实体的程序,并使欧盟层面的商业自由建立成为可能。本文的目的是分析欧盟层面的立法框架,该框架应促进数字世界中的商业运营,并为欧洲单一市场的参与者提供安全保障,特别关注欧盟指令2019/1151。
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The significance of Directive 2019/1151 in the digitalization of European Union company law
With the rapid development of information and communication technologies in the EU, the establishment of the digital single market through the EU's strategy has allowed for fair market competition using the internet by both individuals (natural persons) and legal entities. However, regulatory disparities among EU member states have posed challenges for businesses engaged in cross-border activities within the EU's single market. There are big differences among member states in terms of the availability of internet tools that enable entrepreneurs and companies to communicate with competent bodies regarding issues related to their business. Furthermore, e-government services differ among member states. Some member states offer comprehensive user-friendly services entirely online, while others struggle to provide digital solutions at crucial stages of a company's life cycle. In certain EU member states, the establishment of a company or the submission of document and information amendments to the register are only allowed in person, or in person or electronically, while in some member states this can only be done electronically. Digitalization was supposed to simplify the procedures for establishing business entities and enable free business establishment at the EU level. The aim of this paper is to analyze the legislative framework at the EU level, which should facilitate business operations in the digital world and provide security to participants in the European single market, with a special focus on EU Directive 2019/1151.
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