Special rights are tools used by governments to retain control over certain decisions in privatized companies and are often justified on grounds of public interest. However, special rights can infringe on treaty rules of capital movement freedom and negatively impact the internal market both at the individual company level and pan-European level according to empirical evidence and academic literature. The legal framework for special rights includes fundamental treaty principles and landmark rulings by the European Court of Justice.

1. SPECIAL RIGHTS IN PRIVATIZED COMPANIES
Instituto Politecnico de Bragança
Suray CHARIYEVA

2.  Special rights are a tool
that is used for the
government to retain
control over certain
decisions in privatized
companies. They often
justify the Member States
on the grounds that they
are necessary to achieve
certain political aims, as a
rule, "public interest"
nature.

3. SPECIAL RIGHTS IN PRIVATISED
COMPANIES:
1. Special rights and the
privatization process:
Types of special rights
Justification put forward by
Member States .
 Alternative public measures to
safeguard the public interest.

4. 2. Economic impact of special
rights.
Special rights may not only infringe Treaty
rules on the freedom of capital movement;
they also have strong economic implications
for the functioning of the Internal Market.
Empirical evidence and the academic
literature points to the potentially negative
impacts of special rights, both at a pan-
European level, and at the level of
individual companies.

5. 3.The legal framework:
Fundamental Treaty principles
Landmark rulings by the European
Court of Justice
Pending rulings and infringement
cases under scrutiny

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