Legal and other methods for harmonization of the Macedonian Commercial Law with the European Union Commercial Law

• Main Author: Koevski Goran
• Format: Article
• Language: English
• Published: Faculty of Law, Niš 2014-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Nišu
• Subjects: unification and harmonization of private law; harmonization methods and instruments; EU law; transposition of EU law
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011468627K.pdf

In the first part of the Article general differences between the terms harmonization, unification and approximation of law are elaborated. Special emphasize is given to the available legal instruments and methods for harmonization of national law with the acquis communautaire especially in terms of the EU freedom of establishment, including the relevant CJEU case law. Next part of the Article is dedicated to the analyses of the relevant literature and legislation relating to the recent trends (pros and cons) in harmonization of the EU Company Law (including EU insolvency legislation), EU Securities Law and EU Contract Law. Last section of the Article enlightens the current situation with the Macedonian Commercial Law harmonization with the respective EU law.