Download towards a sustainable european company law a normative analysis of the objectives of eu law with the takeover directive as a test case european company law series in pdf or read towards a sustainable european company law a normative analysis of the objectives of eu law with the takeover directive as a test case european company law series in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get towards a sustainable european company law a normative analysis of the objectives of eu law with the takeover directive as a test case european company law series in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



Towards A Sustainable European Company Law

Author: Beate Sjåfjell
Publisher: Kluwer Law International B.V.
ISBN: 9041127682
Size: 39.68 MB
Format: PDF, Kindle
View: 197
Download and Read
No 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.

Modernization Of European Company Law And Corporate Governance

Author: Gert-Jan Vossestein
Publisher: Kluwer Law International B.V.
ISBN: 9041125922
Size: 68.41 MB
Format: PDF, Kindle
View: 3164
Download and Read
This new book offers a substantial framework for examining the competence or powers of the EC in the field of company law, and the requirements for the lawful exercise of these powers (the principle of subsidiarity and the observance of Article 43 EC in particular). In order to provide a clear understanding of the practical relevance of this framework, the author tests the provisions of specific EC company law instruments for compatibility with the EC Treaty. Although the substantial body of EC company law that has been built up over the years is covered, the focus is on EC company law instruments which have been adopted in implementation of the 2003 Action Plan. The book includes a survey of the various company law instruments (both pre-and post-Action Plan) which together make up EC company law, and discusses the objectives of EC company law policy. --

Shaping The Corporate Landscape

Author: Nina Boeger
Publisher: Bloomsbury Publishing
ISBN: 1509914315
Size: 50.16 MB
Format: PDF, ePub
View: 2502
Download and Read
Currently, there exists a distrust of corporate activity in the continuing aftermath of the financial crisis and with increasing recognition of the threats of climate change and global, as well as national, inequalities. Despite efforts in the arena of corporate governance to address these, we are still beset with corporate scandals and witness companies facing large fines for their environmental and cost-cutting misdemeanours. Recognising that the usual responses to dealing with these corporate problems are not effective, this book asks whether the traditional form of the joint stock corporation itself lies at the heart of these problems. What are the features of the corporate form and how does its current regulation underscore these problems? Identifying such features provides a basis for the discussion to develop towards suggesting more progressive regulatory developments around the corporate form. More fundamentally, this book investigates a diverse range of corporate governance models that are emerging as alternatives to the shareholder corporation, including employee-owned, cooperative and social enterprises. The contributors are leading scholars from various backgrounds including law, management and organisation studies, finance and accounting, as well as experienced professionals and policy makers with expertise in social and cooperative business models and the role of employees in the corporation.

The Greening Of European Business Under Eu Law

Author: Beate Sjåfjell
Publisher: Routledge
ISBN: 131766471X
Size: 14.78 MB
Format: PDF, Mobi
View: 2230
Download and Read
The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.

Company Law And Sustainability

Author: Beate Sjåfjell
Publisher: Cambridge University Press
ISBN: 1107043271
Size: 22.51 MB
Format: PDF, ePub, Docs
View: 4102
Download and Read
Advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.

Lobbying The European Union

Author: David Coen
Publisher: OUP Oxford
ISBN: 0191607215
Size: 34.34 MB
Format: PDF, ePub
View: 5503
Download and Read
It is universally accepted that there has been a huge growth in EU lobbying over the past few decades. There is now a dense EU interest group system. This entirely new volume, inspired by Mazey & Richardson's 1993 book Lobbying in the European Community, seeks to understand the role of interest groups in the policy process from agenda-setting to implementation. Specifically, the book is interested in observing how interest groups organise to influence the EU institutions and how they select different coalitions along the policy process and in different policy domains. In looking at 20 years of change, the book captures processes of institutional and actor learning, professionalisation of lobbying, and the possible emergence of a distinct EU public policy style. More specifically, from the actors' perspective, the editors are interested in assessing how the rise of direct lobbying and the emergence of fluid issue-based coalitions has changed the logic of collective action, and what is the potential impact of 'venue-shopping' on reputation and influence. From an institutional perspective, the contributors explore resource and legitimacy demands, and the practical impact of consultation processes on the emergence of a distinct EU lobbying relationship. It will be essential reading for academics and practitioners alike.

The Eu Moldova Association Agreement And Dcfta

Author: Michael Emerson
Publisher: Centre for European Policy Studies
ISBN: 9781786601704
Size: 26.22 MB
Format: PDF, Mobi
View: 6197
Download and Read
This handbook explains in readily comprehensible language what the new Association Agreement between the European Union and Moldova means in legal, political and economic terms. This treaty is a milestone in the history of Moldova's place in Europe, and definitively marks the country's post-Soviet independence. It also is a new model treaty for the EU s relations with its closest neighbours."

The In House Providing In European Law

Author: ... Comba-Treumer
Publisher: Djoef Pub
ISBN: 9788757421682
Size: 25.50 MB
Format: PDF, Kindle
View: 577
Download and Read
The distinction between in-house and ex-house providing is fundamental and is well known in practice and theory. It is of utmost importance, as the consequence of the categorization of an arrangement as "in-house" is, that it falls outside of the scope of the EC public procurement rules. However, for various reasons, it is often very difficult to establish whether an arrangement is in-house or not. The case law from the European Court of Justice on this subject is highly complex, whereas the case law at national level is sparse. Furthermore, the legal literature both at national and international levels has been relatively limited. This book deals with in-house in a broader perspective and looks into the interpretation, implementation, and practice at the national level in a range of Member States. This book is the first in the new European Procurement Law series, which will contribute to a strengthened dialogue between the various legal cultures in the field of procurement.

The Foundations And Future Of Financial Regulation

Author: Mads Andenas
Publisher: Routledge
ISBN: 113504337X
Size: 43.69 MB
Format: PDF, Docs
View: 4323
Download and Read
Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.