Author: Krzysztof Oplustil
Publisher: Walter de Gruyter
ISBN: 3110912090
Category : Law
Languages : en
Pages : 428
Book Description
On 8 October 2004, the Council Regulation (EC) No. 2157/2001 on the Statute for the European Company (SE) will enter into force. In order to make the SE a functional instrument for entrepreneurs and investors, as well as to ensure the effective application of European law, it is necessary to pass national implementation measures by then. National legislators have the opportunity as well as the challenge to shape, in some respect, a national model of the SE which would be attractive for investors and would influence their decision as to where the company be located. Thus, the coming into force of the SE-Regulation will also give "the starting shot" for the competition between national legislators with regard to the law of the European Company. The aim of the present book is to provide the first indications in those national regulations specifically concerning the SE. Although no national law has so far been finally adopted, the first legislative steps have already been taken in many Member States and first drafts have been published. These drafts are presented in the book by the national experts. Moreover, the authors from Member States where no official drafts so far exist, express their personal reflections on how the specific regulations of national law would and should look. Given the fact that in October 2004, when the SE-Regulation comes into force, the European Union will be enlarged by 10 new Member States, the reports cover also some of them, i.e. Poland, Hungary and the Czech Republic.
The European Company - all over Europe
Author: Krzysztof Oplustil
Publisher: Walter de Gruyter
ISBN: 3110912090
Category : Law
Languages : en
Pages : 428
Book Description
On 8 October 2004, the Council Regulation (EC) No. 2157/2001 on the Statute for the European Company (SE) will enter into force. In order to make the SE a functional instrument for entrepreneurs and investors, as well as to ensure the effective application of European law, it is necessary to pass national implementation measures by then. National legislators have the opportunity as well as the challenge to shape, in some respect, a national model of the SE which would be attractive for investors and would influence their decision as to where the company be located. Thus, the coming into force of the SE-Regulation will also give "the starting shot" for the competition between national legislators with regard to the law of the European Company. The aim of the present book is to provide the first indications in those national regulations specifically concerning the SE. Although no national law has so far been finally adopted, the first legislative steps have already been taken in many Member States and first drafts have been published. These drafts are presented in the book by the national experts. Moreover, the authors from Member States where no official drafts so far exist, express their personal reflections on how the specific regulations of national law would and should look. Given the fact that in October 2004, when the SE-Regulation comes into force, the European Union will be enlarged by 10 new Member States, the reports cover also some of them, i.e. Poland, Hungary and the Czech Republic.
Publisher: Walter de Gruyter
ISBN: 3110912090
Category : Law
Languages : en
Pages : 428
Book Description
On 8 October 2004, the Council Regulation (EC) No. 2157/2001 on the Statute for the European Company (SE) will enter into force. In order to make the SE a functional instrument for entrepreneurs and investors, as well as to ensure the effective application of European law, it is necessary to pass national implementation measures by then. National legislators have the opportunity as well as the challenge to shape, in some respect, a national model of the SE which would be attractive for investors and would influence their decision as to where the company be located. Thus, the coming into force of the SE-Regulation will also give "the starting shot" for the competition between national legislators with regard to the law of the European Company. The aim of the present book is to provide the first indications in those national regulations specifically concerning the SE. Although no national law has so far been finally adopted, the first legislative steps have already been taken in many Member States and first drafts have been published. These drafts are presented in the book by the national experts. Moreover, the authors from Member States where no official drafts so far exist, express their personal reflections on how the specific regulations of national law would and should look. Given the fact that in October 2004, when the SE-Regulation comes into force, the European Union will be enlarged by 10 new Member States, the reports cover also some of them, i.e. Poland, Hungary and the Czech Republic.
The Agricultural Cooperative in the Framework of the European Cooperative Society
Author: Georg Miribung
Publisher: Springer Nature
ISBN: 3030441547
Category : Law
Languages : en
Pages : 570
Book Description
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.
Publisher: Springer Nature
ISBN: 3030441547
Category : Law
Languages : en
Pages : 570
Book Description
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.
Corporations and Partnerships in Italy
Author: Federico Pernazza
Publisher: Kluwer Law International B.V.
ISBN: 9041194894
Category : Law
Languages : en
Pages : 157
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of business formations in Italy provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume puts the information necessary for corporations to compete effectively at the user’s fingertips. An important and practical tool for business executives and their legal counsel interested in engaging in an international partnership or embarking on corporate expansion, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative business law.
Publisher: Kluwer Law International B.V.
ISBN: 9041194894
Category : Law
Languages : en
Pages : 157
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of business formations in Italy provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume puts the information necessary for corporations to compete effectively at the user’s fingertips. An important and practical tool for business executives and their legal counsel interested in engaging in an international partnership or embarking on corporate expansion, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative business law.
European Economic Law
Author: Alberto Santa Maria
Publisher: Kluwer Law International B.V.
ISBN: 9041199519
Category : Law
Languages : en
Pages : 761
Book Description
Since the last edition of this pre-eminent work five years ago, the European framework in the international setting has substantially changed. Numerous critical developments have highlighted shortcomings in the European structure that seems incapable, in its present complexity, of resolving the apparently intractable problems it confronts. This book's highly respected author is uncompromising: either we have the courage to establish profound, constitutional reforms aimed at renewing the European Union in the collective imagination or we risk contenting ourselves with merely an economic community with a far-from-ideal single market where even the four basic freedoms guaranteeing all actors, individuals and enterprises, are put under discussion. This revision follows the successful format of the previous editions. As before, the author's intensive discussion brilliantly disentangles the complex interrelations among a vast array of economic factors. As a general update, the new edition takes into account such major developments as the mass immigration phenomenon, effects of Brexit on EU laws and policies, and the OECD's project on base erosion and profit shifting (BEPS). Ongoing matters covered include the following: • issues surrounding the euro's sustainability, especially as revealed in ECJ case law; • lack of power of the ECB and other EU institutions in fixing the euro's exchange rate; • the potential EU contribution to reform of the IMF's organization and substantive rules; • ECJ case law on conflicts in the transfer of seat and cross-border mergers; • the role of the European Commission in the regulation of international trade; • limits to the advantages lawfully acquired by multinational enterprises; • transfer pricing in intragroup transactions; • EU supervision of banking groups and international banking cooperation; • corporate social responsibility' and 'codes of conduct'; and • State aid between competition law and the non-discrimination principle. Emphasizing the complex legal regime affecting undertakings in Europe today, Professor Santa Maria presents a thoroughgoing legal analysis of the prominence of corporate and business enterprises in what many theorists see as the intrinsic 'internationality' of social activity in the current era. Previous editions have been applauded for their unremitting emphasis on rules introduced on the basis of multilateral agreements of an unprecedented reach, within which both States and undertakings are made to recognize and to deal with one another. In the new edition, this perspective, daunting in its scope and breadth, is maintained and expanded, providing a synthesizing and enlightening analysis that will be of immeasurable value to all parties with an interest — academic, juridical, or administrative — in this very important area of law.
Publisher: Kluwer Law International B.V.
ISBN: 9041199519
Category : Law
Languages : en
Pages : 761
Book Description
Since the last edition of this pre-eminent work five years ago, the European framework in the international setting has substantially changed. Numerous critical developments have highlighted shortcomings in the European structure that seems incapable, in its present complexity, of resolving the apparently intractable problems it confronts. This book's highly respected author is uncompromising: either we have the courage to establish profound, constitutional reforms aimed at renewing the European Union in the collective imagination or we risk contenting ourselves with merely an economic community with a far-from-ideal single market where even the four basic freedoms guaranteeing all actors, individuals and enterprises, are put under discussion. This revision follows the successful format of the previous editions. As before, the author's intensive discussion brilliantly disentangles the complex interrelations among a vast array of economic factors. As a general update, the new edition takes into account such major developments as the mass immigration phenomenon, effects of Brexit on EU laws and policies, and the OECD's project on base erosion and profit shifting (BEPS). Ongoing matters covered include the following: • issues surrounding the euro's sustainability, especially as revealed in ECJ case law; • lack of power of the ECB and other EU institutions in fixing the euro's exchange rate; • the potential EU contribution to reform of the IMF's organization and substantive rules; • ECJ case law on conflicts in the transfer of seat and cross-border mergers; • the role of the European Commission in the regulation of international trade; • limits to the advantages lawfully acquired by multinational enterprises; • transfer pricing in intragroup transactions; • EU supervision of banking groups and international banking cooperation; • corporate social responsibility' and 'codes of conduct'; and • State aid between competition law and the non-discrimination principle. Emphasizing the complex legal regime affecting undertakings in Europe today, Professor Santa Maria presents a thoroughgoing legal analysis of the prominence of corporate and business enterprises in what many theorists see as the intrinsic 'internationality' of social activity in the current era. Previous editions have been applauded for their unremitting emphasis on rules introduced on the basis of multilateral agreements of an unprecedented reach, within which both States and undertakings are made to recognize and to deal with one another. In the new edition, this perspective, daunting in its scope and breadth, is maintained and expanded, providing a synthesizing and enlightening analysis that will be of immeasurable value to all parties with an interest — academic, juridical, or administrative — in this very important area of law.
The Company Law in the European dimension
Author: Diana Druta
Publisher: Diana Druta
ISBN:
Category : Business & Economics
Languages : en
Pages : 158
Book Description
The transfer of companies’ registered office about production activities of goods and services, it is an operation in which both the EU doctrine and case law have increasingly been converging during last decade. It matches to the phenomenon of company’s “localization” (and de-localization) as a strategic leverage for managing issues into European economic system. The practice is clearly recalling the companies’ freedom of establishment for economic reasons (and tax) as the engine of the European integration that guarantees to companies the way to survive to a global market and the possibility to develop their economic strategy as well as the greater competition with foreign companies.
Publisher: Diana Druta
ISBN:
Category : Business & Economics
Languages : en
Pages : 158
Book Description
The transfer of companies’ registered office about production activities of goods and services, it is an operation in which both the EU doctrine and case law have increasingly been converging during last decade. It matches to the phenomenon of company’s “localization” (and de-localization) as a strategic leverage for managing issues into European economic system. The practice is clearly recalling the companies’ freedom of establishment for economic reasons (and tax) as the engine of the European integration that guarantees to companies the way to survive to a global market and the possibility to develop their economic strategy as well as the greater competition with foreign companies.
European Society
Author: Alberto Martinelli
Publisher: BRILL
ISBN: 9004351779
Category : Political Science
Languages : en
Pages : 386
Book Description
The EU is to-day at a crossroad: either it becomes a great supranational union or it goes back to being an array of separate independent states. Alberto Martinelli and Alessandro Cavalli draw a grand fresco of the society in which the European Union is taking shape.
Publisher: BRILL
ISBN: 9004351779
Category : Political Science
Languages : en
Pages : 386
Book Description
The EU is to-day at a crossroad: either it becomes a great supranational union or it goes back to being an array of separate independent states. Alberto Martinelli and Alessandro Cavalli draw a grand fresco of the society in which the European Union is taking shape.
Europe in Crisis
Author: Mark Hewitson
Publisher: Berghahn Books
ISBN: 0857457276
Category : History
Languages : en
Pages : 361
Book Description
The period between 1917 and 1957, starting with the birth of the USSR and the American intervention in the First World War and ending with the Treaty of Rome, is of the utmost importance for contextualizing and understanding the intellectual origins of the European Community. During this time of 'crisis,' many contemporaries, especially intellectuals, felt they faced a momentous decision which could bring about a radically different future. The understanding of what Europe was and what it should be was questioned in a profound way, forcing Europeans to react. The idea of a specifically European unity finally became, at least for some, a feasible project, not only to avoid another war but to avoid the destruction of the idea of European unity. This volume reassesses the relationship between ideas of Europe and the European project and reconsiders the impact of long and short-term political transformations on assumptions about the continent's scope, nature, role and significance.
Publisher: Berghahn Books
ISBN: 0857457276
Category : History
Languages : en
Pages : 361
Book Description
The period between 1917 and 1957, starting with the birth of the USSR and the American intervention in the First World War and ending with the Treaty of Rome, is of the utmost importance for contextualizing and understanding the intellectual origins of the European Community. During this time of 'crisis,' many contemporaries, especially intellectuals, felt they faced a momentous decision which could bring about a radically different future. The understanding of what Europe was and what it should be was questioned in a profound way, forcing Europeans to react. The idea of a specifically European unity finally became, at least for some, a feasible project, not only to avoid another war but to avoid the destruction of the idea of European unity. This volume reassesses the relationship between ideas of Europe and the European project and reconsiders the impact of long and short-term political transformations on assumptions about the continent's scope, nature, role and significance.
Central and Eastern Europe After Transition
Author: Wojciech Sadurski
Publisher: Routledge
ISBN: 131716900X
Category : Law
Languages : en
Pages : 375
Book Description
How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.
Publisher: Routledge
ISBN: 131716900X
Category : Law
Languages : en
Pages : 375
Book Description
How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.
Europe's Intellectuals and the Cold War
Author: Nancy Jachec
Publisher: Bloomsbury Publishing
ISBN: 0857727230
Category : History
Languages : en
Pages : 360
Book Description
In 1950, nearly 300 of Europe's leading artists, philosophers and writers formed an international society intended to end the Cold War. The European Society of Culture was composed of many of Western Europe's best-known intellectuals, including Theodor Adorno, Julien Benda, Albert Camus, Benedetto Croce, Andre Gide, J. B. Haldane, Karl Jaspers, Carl Jung, Thomas Mann, Henri Matisse, Francois Mauriac, Maurice Merleau-Ponty, Jean-Paul Sartre, Giuseppe Ungaretti and Albert Schweitzer, among many others; over the next twenty years it would also include many luminaries from the East, such as Bertolt Brecht, Ernst Bloch, Ilya Ehrenburg and Georg Lukacs. Pioneering the earliest political discussions between intellectuals in Eastern and Western Europe that would serve as a model for the activities of the better-known CCF in its efforts to end communism, the ESC went on to create an informal but powerful, 1,600 member-strong cultural and political network across the world in pursuit of dialogue between the Marxist East and the liberal West, and in pursuit of peace and shared cultural values. Here, in this first, comprehensive history of the SEC's early years, Nancy Jachec demonstrates the influence its members had not only on preventing the isolation of Europe's eastern states, but on enabling the flow of people, publications and ideas from the West into the East, thus playing a vital role in introducing the ideals of human rights and cultural rights in the East in the run-up to the signing of the Helsinki Accords of 1975. She also shows the profound impact that the SEC had on the development of post-colonial theory through the exchanges it organised between European and African intellectuals, directly shaping the expectations statesmen like Leopold Sedar Senghor, revolutionaries like Frantz Fanon, and institutions such as Unesco would have of culture in newly emerging countries.
Publisher: Bloomsbury Publishing
ISBN: 0857727230
Category : History
Languages : en
Pages : 360
Book Description
In 1950, nearly 300 of Europe's leading artists, philosophers and writers formed an international society intended to end the Cold War. The European Society of Culture was composed of many of Western Europe's best-known intellectuals, including Theodor Adorno, Julien Benda, Albert Camus, Benedetto Croce, Andre Gide, J. B. Haldane, Karl Jaspers, Carl Jung, Thomas Mann, Henri Matisse, Francois Mauriac, Maurice Merleau-Ponty, Jean-Paul Sartre, Giuseppe Ungaretti and Albert Schweitzer, among many others; over the next twenty years it would also include many luminaries from the East, such as Bertolt Brecht, Ernst Bloch, Ilya Ehrenburg and Georg Lukacs. Pioneering the earliest political discussions between intellectuals in Eastern and Western Europe that would serve as a model for the activities of the better-known CCF in its efforts to end communism, the ESC went on to create an informal but powerful, 1,600 member-strong cultural and political network across the world in pursuit of dialogue between the Marxist East and the liberal West, and in pursuit of peace and shared cultural values. Here, in this first, comprehensive history of the SEC's early years, Nancy Jachec demonstrates the influence its members had not only on preventing the isolation of Europe's eastern states, but on enabling the flow of people, publications and ideas from the West into the East, thus playing a vital role in introducing the ideals of human rights and cultural rights in the East in the run-up to the signing of the Helsinki Accords of 1975. She also shows the profound impact that the SEC had on the development of post-colonial theory through the exchanges it organised between European and African intellectuals, directly shaping the expectations statesmen like Leopold Sedar Senghor, revolutionaries like Frantz Fanon, and institutions such as Unesco would have of culture in newly emerging countries.
Corporate Boards in European Law
Author: Paul Lyndon Davies
Publisher:
ISBN: 0198705158
Category : Business & Economics
Languages : en
Pages : 867
Book Description
This book analyses corporate boards; their regulation in law and codes, and their actual operation in ten European countries in a functional and comparative method. Issues addressed include: board structure, composition and functioning, enforcement by liability rules, incentive structures and shareholder activism.
Publisher:
ISBN: 0198705158
Category : Business & Economics
Languages : en
Pages : 867
Book Description
This book analyses corporate boards; their regulation in law and codes, and their actual operation in ten European countries in a functional and comparative method. Issues addressed include: board structure, composition and functioning, enforcement by liability rules, incentive structures and shareholder activism.