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The Principles of European Cooperative Law (PECOL) focus on the 'ideal' legal identity of cooperatives. Drafted by a team of legal scholars, the PECOL aim to describe the common core of European cooperative law based on both existing cooperative law in Europe, and the EU regulation on the societas cooperativa europaea. The Principles are accompanied by commentaries which illustrate the rationale and legislative background of each principle, and link them to the key features of co-operative identity. The PECOL are articulated into five chapters corresponding to the main aspects around which a cooperative's identity may be structured, namely the purpose pursued, internal governance, financial structure, external control, and cooperation among cooperatives. The second part of the book presents the national reports upon which the PECOL were based. The reports offer a detailed overview of the cooperative law of seven European jurisdictions (Finland, France, Germany, Italy, Portugal, Spain, and the UK), and thus provide a unique opportunity for law-makers, practitioners, and researchers to compare, circulate, and apply best practices of cooperative legislation. Subject: European Law, Cooperative Law]
The degree of development reached by cooperatives of different sectors throughout the world, which among others led to the UN declaring 2012 as the International Year of Cooperatives, needs to be accompanied by a similar development of corresponding legislation. To this end, a better knowledge of cooperative law from the comparative point of view, as has already been established for other types of enterprises, becomes of great importance. This book strives to fill this gap, and is divided into four parts. The first part offers an analytic and conceptual framework with which to understand, study and assess cooperative law from a transnational and comparative perspective. The second part includes several chapters dealing with attempts to harmonize cooperative laws. The third part contains an overview of more than 30 national cooperative laws, while the last part summarizes and compares these national cooperative laws, thus laying the foundation for a comparative cooperative law doctrine.
A blueprint for creating sustainable businesses, emphasizing the power and potential of cooperative models "[An] important take on achieving a cleaner and safer world. . . . [Scanlan] envisions a future where green policies go hand-in-hand with worker empowerment, and provides a detailed blueprint for how to get there. . . . Her book offers essential hope that we can yet save ourselves . . . from ourselves."--Bill Lueders, The Progressive, "Favorite Books of 2021" Drawing on both her extensive experience founding and directing social enterprises and her interviews with sustainability leaders, Melissa Scanlan provides a legal blueprint for creating alternate corporate business models that mitigate climate change, pay living wages, and act as responsible community members, including Certified B Corps and benefit corporations. With an emphasis on cooperatives, this book reveals the power and potential of cooperating as a unifying concept around which to design social enterprise achieving triple bottom-line results: for society, the environment, and finance.
This book assesses the Statute for a European Cooperative Society (SCE) regarding agricultural activities by comparing how specific questions arising in this context must be dealt with under the Italian and Austrian legal systems. In this regard, Council Regulation (EC) No. 1435/2003, of 22 July 2003, on the Statute for a European Cooperative Society (SCE), is used as a tool for the structured analysis of various aspects of agricultural cooperatives. However, a comparison is only meaningful if the results are made comparable on the basis of a previously defined standard. Accordingly, the study uses, on one hand, a cooperative model developed by European legal scholars that defines general guidelines on how cooperatives should function (PECOL). On the other, the results are presented in connection with economic considerations to discuss how efficient rules can be developed.
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
The Oxford Handbook of Mutuals and Co-Owned Business investigates all types of 'member owned' organizations, whether consumer co-operatives, agricultural and producer co-operatives, worker co-operatives, mutual building societies, friendly societies, credit unions, solidarity organizations, mutual insurance companies, or employee-owned companies. Such organizations can be owned by their consumers, the producers, or the employees - whether through single-stakeholder or multi-stakeholder ownership. This complex set of organizations is named differently across countries: from 'mutual' in the UK, to 'solidarity cooperatives' in Latin America. In some countries, such organizations are not even officially recognized and thus lack a specific denomination. For the sake of clarity, this Handbook will refer to member-owned organizations to encompass the variety of non-investor-owned organizations, and in the national case study chapters the terms used will be those most widely employed in that country. These alternative corporate forms have emerged in a variety of economic sectors in almost all advanced economies since the time of the industrial revolution and the development of capitalism, through the subsequent creation and dominance of the limited liability company. Until recently, these organizations were generally regarded as a rather marginal component of the economy. However, over the past few years, member-owned organizations have come to be seen in some countries, at least, as potentially attractive in light of their ability to tackle various economic and social concerns, and their relative resilience during the financial and economic crises of 2007-2013.
The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.
The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.
This unique book explores what subregions are in a European context and what roles they fulfil in relation to the European integration process, exploring how subregional cooperation and integration in Europe largely take place in the shadow of the European integration process.
The purpose of this book is to introduce you in considerable detail to what we call the ‘co-operative enterprise’, and to explore with you the broader question of why co-operatives are important in today’s world. This is not a “how to” book, in the normal sense. It is however (we hope) an excellent foundation upon which to broaden your understanding and appreciation of co-operative forms of enterprise, not only in your country - but around the globe. You will learn why co-operation works and also see why sometimes it may not work, and you will learn about best practices and success factors within co-operatives. If you are an employee, a manager, or an elected official within a co-operative, you will also learn about why and how leadership and management effectiveness are different in co-operative forms of enterprise. The book is divided into five parts. The first part is called “Setting the Stage”, and contains two chapters. The first chapter introduces the reader to the nature of co-operation, while the second chapter looks at the evolution of co-operation all the way from social movements to business systems of enterprise. The second part is entitled “How Co-operatives Are Different” and begins by presenting what we call the “co-operative value proposition”. The third and fourth chapters provide details on the difference between the co-operative sector, the private sector, and the public sector. Chapter Five describes why and how leadership and management effectiveness are different in a co-operative. The third part is entitled “Co-operatives Today” and it includes three chapters. Chapter Six describes “National and International Co-operative Development”, and Chapter Seven looks at the role co-operatives have played and are playing in “Wealth Creation, Community Development ,and Poverty Reduction” around the globe. The last chapter in this section describes the “Pivotal Role for Government in Enabling Development.” Part Four is entitled “Building a Better World” and it includes three chapters. The first chapter, Chapter Nine is entitled “Some Strategies and Tactics for Success”. Chapter Ten is entitled “Towards a World Vision for Co-operatives”. Chapter Eleven is “The Challenges and Opportunities Ahead”, and it invites and challenges readers - and all co-operators - to seriously imagine what the future might be for co-operative forms of enterprise. No small undertaking to be sure! Just for fun we have included a final part called “Everything Else Co-operative” into which we cram additional co-operative website links and interesting content which we think you might like and which didn’t exactly seem to fit anywhere else. You decide! We also include some of our parting after thoughts (post scripts) in this section.