Unit:
Κατεύθυνση Εργατικό ΔίκαιοLibrary of the School of Law
Supervisors info:
Δημήτριος Λαδάς, Λέκτορας, Νομική Σχολή, Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Η Επιχειρηματική Ελευθερία στο πρόσωπο των Διευθυνόντων Υπαλλήλων
Translated title:
Freedom to conduct a business and Managerial Employees
Summary:
The purpose of this paper is to explore the way in which entrepreneurial freedom is expressed in the person of the managerial staff.
The aim of this search is to be achieved by first defining the constitutional meaning of entrepreneurial freedom, freedom to conduct a business, as an expression of economic freedom, within the framework of the Greek legal order. The research begins with the quoting and analysis of the constitutional provisions in question, including the case-law review, thus demonstrating the importance of the limitations set out in the Constitution, in particular Articles 5 and 106 of the Constitution, to define business freedom.
Subsequently, starting from the fact that the notion of business freedom derives from the managerial right, the exercise of which is chiefly recognized by the directors, an attempt is made to outline the concept of managerial employees as top managers of the administrative structure or hierarchy and the research is shifting to the field of salary and the liability of the managerial staff. Through this process, crucial issues are emerging, such as the appearance of special cases of the elimination of criminal penalty for persons exercising public administration and their special privileged treatment in terms of remuneration and compensation.
The above findings put the focus of this work on the issue of the need to set limits and barriers to the uncontrolled expression of business freedom, which stem from the Constitution itself, without, however, prejudice to the core of the right or stifling the private economic initiative.
Main subject category:
Law and Legislation
Other subject categories:
Labour Law
Keywords:
freedom to conduct a business, managerial employees, business freedom, enterpreuneria freedom, managers, directors, the managerial right, the private economic initiative, remuneration of directors, liability of directors, privileged treatment of directors
File:
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ΔΙΠΛΩΜΑΤΙΚΗ final.pdf
921 KB
File access is restricted only to the intranet of UoA.
