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Right of Establishment

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Chapter Summary

Under the system in the Treaty of Rome, there is a single set of rules on the free movement of employed workers and there are two sets of rules on self-employed workers. The rules on the right of establishment are intended to benefit both natural and legal persons. The right of establishment may be exercised by way of primary or secondary establishment. The rules on establishment take their inspiration from the principle of national treatment and hence from treating the person from another Member State as if that person were a national of the host State so far as concerns access to self-employment. The rule of national treatment requires that a person exercising the right of establishment who takes up an activity having a particular professional qualification issued in accordance with the requirements of national law satisfies that condition by following the same course of study in the host State.

Keywords:Member State; right of establishment; treaty



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