Harmonisation of Lithuanian Enterprise Law with the Company Law of the European Community
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Abstract
The article analyses Lithuania’s obligation to implement Union’s legislation in the field of enterprise law.
The article classifies the national enterprise law, distinguishing legal acts that provide the general rules applicable to all types of enterprises and the legal acts that provide rules to a specific type of an enterprise. These legal acts are compared to the legal acts of the European Community in the field of company law.
The main problems of harmonisation of the national enterprise law with the EC company law, providing the examples of unsatisfactory harmonisation are analysed in the second part of the article. The four groups of problems are distinguished, i. e. the deficit of administrative capacity, the conflicting provisions in the different national laws as well as conflicts between the provisions of national and EC law, the lack of national provisions harmonising Lithuania’s legislation with acquis communautaire and mistakes in translation of the EC laws.
The article analyses the establishment of the Register of Legal Persons showing it as an example of the deficit of administrative capacity in the harmonisation of the company law of Lithuania with EC legislation. As of 1 January 2002 the Register of Legal Persons should have started its activities, however, that was delayed for at least one and a half year.
The conflicting provisions of national and EC law as well as those in different national laws is another group of problems of harmonisation. In author’s opinion, recently adopted Civil Code as well as the Law on Companies serves a good example of that. Notwithstanding the legal acts were introduced in the same year, these legal acts contradict each other.
The list of discrepancies is finalised by the examples, showing necessity to introduce national legislation in the fields where such legislation is required by the EC law (for example, introduction of European Economic Interest grouping) and importance of the accurate translation of the EC legislation.
The article classifies the national enterprise law, distinguishing legal acts that provide the general rules applicable to all types of enterprises and the legal acts that provide rules to a specific type of an enterprise. These legal acts are compared to the legal acts of the European Community in the field of company law.
The main problems of harmonisation of the national enterprise law with the EC company law, providing the examples of unsatisfactory harmonisation are analysed in the second part of the article. The four groups of problems are distinguished, i. e. the deficit of administrative capacity, the conflicting provisions in the different national laws as well as conflicts between the provisions of national and EC law, the lack of national provisions harmonising Lithuania’s legislation with acquis communautaire and mistakes in translation of the EC laws.
The article analyses the establishment of the Register of Legal Persons showing it as an example of the deficit of administrative capacity in the harmonisation of the company law of Lithuania with EC legislation. As of 1 January 2002 the Register of Legal Persons should have started its activities, however, that was delayed for at least one and a half year.
The conflicting provisions of national and EC law as well as those in different national laws is another group of problems of harmonisation. In author’s opinion, recently adopted Civil Code as well as the Law on Companies serves a good example of that. Notwithstanding the legal acts were introduced in the same year, these legal acts contradict each other.
The list of discrepancies is finalised by the examples, showing necessity to introduce national legislation in the fields where such legislation is required by the EC law (for example, introduction of European Economic Interest grouping) and importance of the accurate translation of the EC legislation.
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Please see Copyright and Licence Agreement for further details.
