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    Please use this identifier to cite or link to this item: https://tkuir.lib.tku.edu.tw/dspace/handle/987654321/77537

    Title: 歐盟國家"黃金股" : 特別權利之研究
    Other Titles: The study of golden shares in EU
    Authors: 于婷;Yu, Ting
    Contributors: 淡江大學歐洲研究所碩士班
    Keywords: 黃金股;資本自由流通;特別股權;企業私有化;Golden shares;Special rights;Free movement of capital;Privatization
    Date: 2012
    Issue Date: 2012-06-21 06:56:47 (UTC+8)
    Abstract: 完成四大自由流通,建立內部市場,確保商品、人員、勞務與資本在歐盟境內無邊境國界的流通,一直是歐盟努力達成的目標。然而,在開放自由流通下國家利益勢必會遭受威脅,會員國擔憂其國家利益受損,因而設立「黃金股」來維持其在企業中之控制,以便保護國家重大利益。
    With the globalization, the cross-border investment is increasing in the EU. For protecting the important national interests, Member states create or retain a special share in the former public undertaking, as called “Golden shares”. Golden shares are special rights vested in the State or in other public entities granting certain control in privatized companies. The main objective of golden shares was and remains the protection of a State’s strategic interests by maintaining special rights in privatized companies. Its application is regarded as an impediment to accomplish the internal market and violate the fundamental principles of EU. The EU treaty forbids the use of restrictive measures to hinder the free movement of capital and the free movement of establishment.
    Since 2000, the European Court of Justice has decided six cases in which the free movement of capital and the free movement of establishment were directly or indirectly restricted through the state holding of golden shares. These six cases are important guidelines to those states that still hold golden shares, or those who plan to reserve such special rights as they go through the privatization process.
    This thesis was under the background of the protection national interest and the free movement of capital to research in the application and debate of golden shares. It plans to discuss the cases which help us to generalize the golden shares’ principles which are typically under the jurisdiction of European Court of Justice.
    Appears in Collections:[Graduate Institute of European Studies] Thesis

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