6.5.
Freedom of establishment and recognition of qualifications in the EU
- Right of establishment in the EU
- Recognition of professional qualifications in the EU
Freedom of establishment means the free movement of self-employed persons. For them, as for salaried workers, the basic principle is equality of treatment of all EU citizens, i.e. the abolition of discriminations based on nationality. Freedom of establishment includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 54 of the Treaty on the functioning of the EU (ex Article 48 TEC), i.e., companies established under the conditions laid down for its own nationals by the law of the country where such establishment is effected. The freedom of establishment of companies extends to what is known as freedom of secondary establishment, i.e. the setting up of agencies, branches or subsidiaries (Article 49 TFEU, ex Article 43 TEC).
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