The 28th Regime: a new legal framework for innovative companies

Tabled by Pascale Piera

2. Stresses that a 28th regime must Removed: be ambitious in substance and in form; underlines that the rules concerning the 28th regime must be the same throughout the entire Union and that Member States should not be allowed to maintain or introduce, in their national law, provisions which diverge from those laid down in the legal act on the 28th regime; considers the use of a regulation as the most appropriate measure to introduce a 28th regime; acknowledges that a maximum harmonisation directive could serve the same objective; is opposed to Added: not impede the national sovereignty of Member States; is in favor of using Article 352(1) of the Treaty on the Functioning of the European … as a legal basis because it requires unanimity in the Council, which Removed: could significantly delay the adoption of the legal act on the 28th regime and jeopardise the ambition and coherence of the corporate form adopted under the 28th regime; insists on Added: is the only legal basis that respect the principle of sovereignty as it requires unanimity in the Council; is opposed to the use of a legal basis that will make it possible to … legal act on the 28th regime in the Council by qualified majority; Removed: considers, therefore, that the 28th regime might have to consist of a package of separate legislative proposals; acknowledges that the appropriate legal basis for corporate law matters is Article 50 and 114(1) TFEU; is of the opinion that a directive on the 28th regime needs to be a maximum harmonisation directive in order to achieve the objectives of the 28th regime;

Wording as published by the EP, in English. PE782.010