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6 - The free movement of capital in the European Union

Published online by Cambridge University Press:  08 July 2009

Till Hafner
Affiliation:
Corporate and Finance Group Kaye Scholer LLP
Rainer Grote
Affiliation:
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany
Thilo Marauhn
Affiliation:
Justus-Liebig-Universität Giessen, Germany
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Summary

Economic significance of free capital movements

A sound understanding of some key economic considerations, as well as of the concept of the four basic economic freedoms in the Treaty of Amsterdam and its predecessor treaties are indispensable in order to appreciate fully the freedom of capital movement in Europe and beyond.

The free movement of capital allows for the most efficient allocation of the rare resource of capital in the economic process. It enables capital to circulate freely within an economic area and beyond. In an efficient capital market, capital flows to destinations and into investments where its use is most productive and thus yields the highest rate of return. Such process is referred to in economics as efficient allocation of resources. This need not necessarily be so.

An important consequence of this use of the principal economic freedom of free movement of capital is a significantly heightened competition among market participants seeking capital and attractive funding within an economic area. Such competition, however, does not stop at the door of the individual investor nor a public company seeking to raise capital. National and regional economic systems are being put into global competition for the most attractive funding source. Such competition can be fierce and may in some cases lead to a reduction or even complete loss of macroeconomic sovereignty of entire states.

Type
Chapter
Information
The Regulation of International Financial Markets
Perspectives for Reform
, pp. 141 - 150
Publisher: Cambridge University Press
Print publication year: 2006

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