AIAS Lunch Seminar 9 June by Jan Cremers & Elwin Wolters (AIAS)

EU and national company law – fixation on attractiveness

Jan Cremers & Elwin Wolters (AIAS)

Abstract

In a recent survey, members of the ETUI’s SEEurope network collected information on the interface between EU and national law. They analysed in their respective countries whether EU provisions had triggered changes in national legislation or whether there were indications of upcoming developments referring to or anticipating future EU legislation in this field. Vice versa, it is interesting to observe whether there are requirements with regard to EU/EEA-Member States that have to be addressed at the EU level and if yes, which ones in particular.

In the presentation we will focus on the relevant general characteristics of the changes in national company law. The result is therefore not an exhaustive update. The envisaged changes were, for instance, changes with regard to the initial capital requirements (such as one-euro companies) and other capital position related issues; changes with regard to the balance of power and to liability (versus minority shareholders, creditors, workers); changes with regard to mandatory financial audits, registration and control; and, finally, changes with regard to arbitration, the protection of stakeholders and the settlement of disputes. The main focus of these changes was especially on competitiveness and attractiveness.

When these characteristics become the key messages of the agenda for European company lawmaking, it risks promoting a beggar-thy-neighbour policy in the Member States. It will guide Member States towards reforms of their national legislation which promote rent-seeking at other countries’ expense. The EU Better Regulation policy may not intended to be – and must not be allowed to become – an instrument for putting national regulations in competition with each other. Key areas for possible reform and simplification have to be tackled without jeopardising essential guarantees for transparency.

Day: Thursday 9 June
Time: 12.15 – 13.15 hrs.
Location: AIAS, 3rd floor M building (Business School), Plantage Muidergracht 12, Amsterdam
Registration: Please send an email (aias@uva.nl) before Tuesday 7 June, 12.00 hrs to register.
A sandwich will then be provided.

Click here for an overview of all lunch seminars from January – July 2011

 
| More