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SPECIAL RIGHTS IN PRIVATIZED COMPANIES
Instituto Politecnico de BragançaSuray CHARIYEVA
Special rights are a tool that is used for the government to retain control over certain decisions in privatized companies. They often justify the Member States on the grounds that they are necessary to achieve certain political aims, as a rule, "public interest" nature.
SPECIAL RIGHTS IN PRIVATISED COMPANIES:
1. Special rights and the privatization process:
Types of special rights Justification put forward by Member States .
Alternative public measures to safeguard the public interest.
2. Economic impact of special rights.Special rights may not only infringe Treaty rules on the freedom of capital movement; they also have strong economic implications for the functioning of the Internal Market. Empirical evidence and the academic literature points to the potentially negative impacts of special rights, both at a pan-European level, and at the level of individual companies.
3.The legal framework:
Fundamental Treaty principles Landmark rulings by the European Court of Justice
Pending rulings and infringement cases under scrutiny
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