Acta Iuris Stetinensis (Jan 2015)
Fundacja Europejska (Fundatio Europea) w świetle projektu Komisji Europejskiej dotyczącego jej statusu – wybrane zagadnienia
Abstract
The European Commission has presented a proposal of a new European legal institution – the European Foundation (abbreviation: FE), whose aim is to ensure the promotion of public benefit activities within the European Union. The European legislator has put forward an exhaustive list of the public benefit causes. As an entity, the FE possesses legal personality as well as full legal capacity. It benefits from the freedom of establishment in all EU Member States. Moreover, in order to finance public benefit activities specified in the charter of the foundation, the FE is allowed to develop economic activity. In the light of the EU regulation, the FE is likewise permitted to undertake unrelated economic activity. At the same time it needs to be emphasized that, the activity performed by the FE is required to meet the “cross-border component” criterion at all times. The FE can be formed ex nihilo (by testamentary disposition, notarial deed or written declaration of any natural or legal person(s), public body(ies) as well as by merger of public benefit entities legally registered in one or several Member States. In addition to this, it is also possible to convert national public benefit entity legally established in a Member State into the fundatio europea. The European lawmaker has attempted to harmonize regulation including norms which concern various aspects of the activity of the European public benefit bodies. However, it seems that some minor problems still remain and need to be further clarified. Translated by Małgorzata W. Greßler
