by Eva ten Hoor and Meriëlle de Zwart
Published: Jul 18, 2025
This blogpost argues that the proposed European Start-Up and Scale-Up Company’s legal basis is erroneous. As the proposal fails to harmonise, it cannot be adopted under Article 114 TFEU. Rather, like other 28th regimes, the ESSU should be adopted under Article 352(1) TFEU.