A Legal Analysis of Employee Involvement in the European Company (SE) and EU Corporate Governance
Author: Mrinal Vijay
Publisher:
Published: 2018
Total Pages:
ISBN-13:
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Employee Involvement in Companies Under the European Company Statute
Author: Udo Rehfeldt
Publisher:
Published: 2011
Total Pages: 92
ISBN-13: 9789289708814
DOWNLOAD EBOOK"European Company (Societas Europaea, ES) is a relatively new legal form of company operating on a Europe-wide basis. The EU legislation governing the formation and operation of such companies also stipulates the need for employee involvement, in the form of information, consultation and participation. This report uses 10 company case studies and a review of legislation and literature to examine the current state of play regarding SEs and the nature and extent of employee involvement in them."--Editor.
The European Company Statute
Author: Michael Gold
Publisher: Peter Lang
Published: 2009
Total Pages: 378
ISBN-13: 9783039115600
DOWNLOAD EBOOKThe European Company Statute is one of the most important pieces of company legislation adopted so far by the European Union. Its aim is to regulate the internal functions of a business operating in more than two European countries. This book provides an analysis of the history, structure, legal basis and likely impact of the ECS.
The European Company Statute
Author: Michael Gold
Publisher:
Published: 2009
Total Pages: 373
ISBN-13: 9783035303810
DOWNLOAD EBOOKThe European Company Statute (ECS) is one of the most important pieces of company legislation adopted so far by the European Union. Its aim is to regulate, on a voluntary basis, the internal functions of a business operating in more than two European countries at the same time. However, its implementation by companies requires the negotiation of agreements between employers and employees principally on the choice between a one-tier or two-tier system of board structure. While the ECS thereby promotes flexible solutions tailor-made to company requirements, it has failed to achieve full harmonisation of EU company law. This book provides a comprehensive analysis of the history, structure, legal basis and likely impact of the ECS, examining its evolution over some 30 years of development and its chances for integrating diverse models of corporate governance across the European Economic Area. The book explores the implications of the ECS for employee participation at various levels in the European company, with country case studies drawn from Greece, Slovenia and the UK. It also analyses certain legal issues, including taxation and the position of companies located in countries without existing systems of employee board-level participation.
European Corporate Law
Author: Adriaan F.M. Dorresteijn et al.
Publisher: Kluwer Law International B.V.
Published: 2022-07-26
Total Pages: 377
ISBN-13: 9403532246
DOWNLOAD EBOOKThis fully updated new edition provides an overview of the law regarding companies, business organizations, and capital markets in Europe, at both the European Union (EU) and Member State levels. It introduces the reader to the EU harmonization programme and describes how this has influenced corporate law in the various EU Member States. The authors describe common denominators as well as differences in the approach of national corporate laws. The authors highlight current and emerging trends in these areas of corporate law, including: the freedom of establishment of companies within the EU; the European harmonization process and Member States’ implementation of EU legislation; employee involvement in business organizations; the division of power between the different corporate bodies; the functioning and regulation of company groups; and cross-border business combinations, takeovers and restructuring tools. The laws of France, Germany and the Netherlands in particular are discussed and contrasted. This discussion also includes the United Kingdom, although no longer an EU Member State. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located, tend to show a fundamentally similar set of legal characteristics. The Fourth Edition will continue to be of great value to practitioners and academics who wish to acquire a better understanding of European corporate law, in its supranational dimension as well as in the similarities and differences among the various national legal systems. It can also be used as a handbook for comparative corporate law courses.
Worker involvement in the European Company (SE)
Author: Stollt M. et Wolters E.
Publisher: ETUI
Published: 2011
Total Pages: 154
ISBN-13: 2874522341
DOWNLOAD EBOOKIn October 2001, the EU formally adopted the legislation on the European Company, also known by its Latin name Societas Europaea (SE). This handbook aims to ensure that the new opportunities for employee representation at European level which these new SE rules provide, are seized. It has been designed first and foremost to help practitioners to prepare and conduct negotiations on agreements on employee involvement in SEs. The handbook introduces the SE and its mechanism of employee involvement. It explains the negotiation procedures and provides ‘tips and tricks’ for a decent preparation of negotiations. Based on the experience of several experts, it gives an overview of key aspects of an SE agreement and includes an extensive set of overviews, graphics and comparative tables.
European Corporate Law
Author: Adriaan F.M. Dorresteijn
Publisher: Kluwer Law International B.V.
Published: 2016-04-24
Total Pages: 394
ISBN-13: 9041185941
DOWNLOAD EBOOKThis fully updated new edition provides the best-known practical overview of the law regarding companies, business activities, and capital markets in Europe, at both the European Union (EU) and Member State levels. It incorporates analysis of recent developments including the impact of global initiatives in such aspects of the corporate environment as regulation of financial institutions and non-financial reporting obligations with a view to sustainability and other social responsibility concerns. The authors, all leading experts in European corporate law, describe current and emerging trends in such areas of corporate law practice as the following: - rules on cross-border mergers; - employee involvement in business activities; - the initiatives by the Organisation for Economic Co-operation and Development (OECD) and the EU to curb tax avoidance; - Member States’ implementation of EU legislation; - a company’s freedom to incorporate in a jurisdiction not its own; - competition among the legal forms of different Member States; and - safeguarding of employee involvement in cross-border transactions. With respect to national law, the laws of Belgium, France, Germany, the Netherlands, Poland, Spain, and the United Kingdom are taken into account; Italy is now included in this new edition. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located, tend to show a fundamentally similar set of legal characteristics. The Third Edition will continue to be of great value to practitioners and academics who wish to acquire a better understanding of European corporate law, in its supranational dimension as well as in the similarities and differences among the various national legal systems.
Towards a Sustainable European Company Law
Author: Beate Sjåfjell
Publisher: Kluwer Law International B.V.
Published: 2009-03-26
Total Pages: 592
ISBN-13: 904114451X
DOWNLOAD EBOOKNo one doubts any longer that sustainable development is a normative imperative. Yet there is unmistakably a great reluctance to acknowledge any legal basis upon which companies are obliged to forgo ‘shareholder value’ when such a policy clearly dilutes responsibility for company action in the face of continuing environmental degradation. Here is a book that boldly says: ‘Shareholder primacy’ is wrong. Such a narrow, short-term focus, the author shows, works against the achievement of the overarching societal goals of European law itself. The core role of EU company and securities law is to promote economic development, notably through the facilitation of market integration, while its contributory role is to further sustainable development through facilitation of the integration of economic and social development and environmental protection. There is a clear legal basis in European law to overturn the poorly substantiated theory of a ‘market for corporate control’ as a theoretical and ideological basis when enacting company law. With rigorous and persuasive research and analysis, this book demonstrates that: European companies should have legal obligations beyond the maximization of profit for shareholders; human and environmental interests may and should be engaged with in the realm of company law; and company law has a crucial role in furthering sustainable development. As a test case, the author offers an in-depth analysis of the Takeover Directive, showing that it neither promotes economic development nor furthers the integration of the economic, social and environmental interests that the principle of sustainable development requires. This book goes to the very core of the ongoing debate on the function and future of European company law. Surprisingly, it does not make an argument in favour of changing EU law, but shows that we can take a great leap forward from where we are. For this powerful insight – and the innumerable recognitions that support it – this book is a timely and exciting new resource for lawyers and academics in ‘both camps’: those on the activist side of the issue, and those with company or official policymaking responsibilities.
Board Level Employee Representation in Europe
Author: Jeremy Waddington
Publisher: Routledge
Published: 2015-09-16
Total Pages: 312
ISBN-13: 1317648137
DOWNLOAD EBOOKBoard Level Employee Representation in Europe analyses the role, activities and networking of board level employee representatives in sixteen European countries and their counterparts operating in companies that have adopted European status. Board level employee representation is viewed as a key element of worker participation in Europe, but there has been only limited international comparative research that establishes what board level employee representatives do and how their activities vary between countries. Based on a large-scale survey distributed to board level employee representatives (circa more than 4,000 respondents), this study identifies the personal characteristics and industrial location of board level employee representatives, what they do and how they interact with other parties within and outside of the company. This study fills in a knowledge gap at a time when policy debates are considering stakeholder models of corporate governance as a means on the way out of the crisis and the achievement of sustainable economies. The book allows direct comparisons between clusters of countries for the first time, as the same survey instrument has been employed in all the participating countries. The research findings demonstrate a large variation in what constitutes board level employee representation in practice, including the relations between board level employee representatives and parties within and external to the company, and the pattern of influence of board level employee representatives on strategic company decision-making. Aimed at practioners, researchers and policymakers alike, this book makes a vital contribution to the field, and will be the definitive work on board-level employee representation for the foreseeable future.
The European Company
Author: Jonathan Rickford
Publisher: Intersentia nv
Published: 2003
Total Pages: 162
ISBN-13: 9050953433
DOWNLOAD EBOOKProfessor Paul Davies, Cassel Professor at the London School of Economics, writes on employee involvement, Professor Garrido Garcia, General Counsel to the Spanish Securities and Exchange Commission, on European Company Law and the Capital Markets, Professor Klaus Hopt, Director of the Max Planck Institute, on board structure and corporate governance, Professor Jaap Winter of the University of Rotterdam and Chairman of the European Commissions High Level Group on Company Law, on the significance of the European Company as a model for the future, and Professor Eddy Wymeersch of the University of Ghent, on the fast developing law on freedom of movement and international transfer of management. There are also important contributions from Pieter Sanders, Professor Emeritus of the University of Rotterdam, who introduced the SE concept some 45 years ago, and Commissioner Frits Bolkestein, who has responsibility for company law and corporate governance within the European Commission. This publication is part of the Meijers series published under the auspices of the E.M.
