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The recent financial crisis has once again stressed the importance of good corporate governance and corporate social responsibility in building trust in the European internal market. It has given rise to a discussion of whether a number of issues should be addressed through regulation or soft law at EU level. These issues relate in particular to the duties of directors in European companies as well as how the board of directors is composed and structured. Drawing attention first to duties of directors and then to the organisation of the board, this appropriately timed analysis takes stock of the status of the initiatives that have been debated so far, examines whether the rules which have been adopted form a coherent system, and suggests ways in which these initiatives affect national law. Topics covered include the following: directors' conflicts of interest; rules on shareholder transparency; duty to promote active ownership; whether it is possible to find a balance between corporate enterprise and risk control; integration of environmental and social concerns in the decision-making of the company; the board's role as a monitor of management; overcoming managerial deficiencies; the concept of independent directors; independence from a controlling shareholder; nomination of board members; disqualification of directors; and directors duties in groups of companies.
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.
Over the past decade, the greening of industry has become both an issue in scientific and political debate and a generic substantive development in industry itself. This study is the product of an international collaborative research project investigating exemplary cases of successful environmental management in European companies in Denmark, Germany, The Netherlands, Switzerland, Poland, and Latvia with the aim of discovering the reasons and dynamics underlying them and the role environmental policy did and could play. Providing the background and context of the research project, the nine case studies concern various companies of different sizes and from different industrial branches and describe the social processes leading to substantive environmental achievements and corresponding environmental management systems. This study also evaluates the success stories in a comparative empirical, as well as theoretical, perspective with an environmental policy orientation. Case studies examine the role of a company's internal and external determinants, explaining successful corporate environmental management on the micro-level.
This collection of expert articles highlights the standards and practices concerning sustainability reporting among companies in Central and Eastern Europe (CEE). Due to the growing interest in corporate social responsibility issues, sustainability reporting has become increasingly common among businesses that claim to adhere to certain social, environmental and economic standards. While it can be observed that sustainability reporting is widely practiced in Western and Northern European countries, only few studies have been conducted on this topic in the CEE region. Drawing on a major empirical study involving researchers from 10 different CEE countries, this book addresses the status quo of sustainability reporting, outlines future prospects and provides essential recommendations for practitioners.
Christiane Malke analyzes the current issues resulting from the entry into a Societas Europaea (SE), the transfer of seat of an SE from one EU member state to another and the exit out of an SE in the 27 member states of the EU taking into consideration the Merger Directive. Based on existing deficiencies the author provides reform approaches that consider changes to the national law of the member states, to EU law as well as to the proposals provided by the European Commission regarding the introduction of a Common (Consolidated) Corporate Tax Base.
This research presents a wide spectrum of relevant information which is required for the market expansion of western based companies to China. China has developed from an ‘outsourced assembly line’ of foreign companies into an attractive sales market. The pure size of its population and the strong increase of its middle class offer good opportunities for western companies. The focus of this research is on the delegation of decision power from the head office towards the local subsidiary. This includes the aspects of the various market entry possibilities, leadership styles, organisational structures, cultural differences and the attractiveness of the employer. Additionally, also sensitive topics, such as corruption and intellectual property, are discussed. In sum, this research identifies the contemporary issues managers of European companies in China are facing, and discuss them in respect of the existing literature of management. As a result, this research has become a handbook for foreign managers in China.
This study examines the evolving strategies and structure of large European firms in a comparative and historical context. In particular, it looks at these in the context of a range of hypotheses on professional management, multidivisional structure and diversification associated with Alfred Chandler. Companies examined include Daimler Benz, Volkswagen, BAT, Rhone Poulenc, Unilever and Elf Aquitane.
This is a major comparative study of big business in the three dominant European nations across the 20th century. In particular the author looks at the character and performance of the major companies in each country at five snapshot moments through the century. In so doing he offers a broad and sweeping analysis of European business amply supported by a wealth of empirical data. Cassis view often challenges widely held assumptions about, for example, entrepreneurial failure in Britain; the relationship between big business and the Nazis in Germany; and the rebuilding of France in the post war period. To fill out his story Cassis looks closely at the role and charcter of the business elites in each country and and their relationship with wider social and political developments. The book will be essential reading for anyone interested in the development of European business and the links between business practice and the wider social and political environment in each country.