Llm 2008-2009 international regulation of companies 1


SEMINAR 4: COMPANY LAW AND THE EUROPEAN COMMUNITY - PART II



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SEMINAR 4: COMPANY LAW AND THE EUROPEAN COMMUNITY - PART II



Discussion
The seminar will consider various aspects of the company law harmonisation programme: in particular, employee participation; the EEIG; and the European Company and Securities Regulation. In relation to these areas we will focus on the aims of the proposal and how they fit with the goals of the harmonisation programme: and we will assess to what extent these proposals and disagreements surrounding them illustrate the different conceptions of the company operating in the EC.
I hope that people will prepare areas of their own choice and come prepared to discuss the key issues in those areas in slam groups to feed back in to everyone:


  • Is harmonisation within the area of company law is a realistic goal or is it ultimately about compromise and retreat.

  • How far has the development of EU Company law been affected by arguments about employee participation?

  • What is the purpose and history of the EEIG and the European Company (SE) – will the SE work? What are the problems with the legislation and the idea?

  • What is the approach of the current EU Securities market law?

  • Why is there a plan to develop those laws?

  • What is the approach adopted in that Plan (FSAP)?

  • Will it work?





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