Company law as another beggar-my-neighbour policy

Blog

Research output: Non-textual formWeb publication/siteOther research output

Abstract

In a Blog (Progressive-Economy@TASC), Jan Cremers (UvT) describes the paradigm change that took place in company law in the 1990s. Since the introduction of the European internal market, company law has been increasingly judged in terms of its impact on ‘competitiveness’. This has led to some worrying developments. If competitiveness and attractiveness become the key messages of the agenda for company lawmaking, this risks promoting a policy that will guide Member States towards reforms of their national legislation which promote rent-seeking at other countries’ expense. The outcome is predictable: less specific protection of various stakeholders (minority shareholders, creditors and so on), dilution of workers’ participation, fewer requirements with regard to registration, no capital requirements and more and more exemptions from the legislation in force.
Original languageEnglish
Place of PublicationDublin
PublisherTASC
Media of outputOnline
Publication statusPublished - 12 Mar 2017
EventTASC Discussion: Shareholders or Stakeholders?: Enlightened corporate governance for our times - ESB HQ, 27 Fitzwilliam Street Lower, Dublin, Ireland
Duration: 23 Mar 201723 Mar 2017
http://www.tasc.ie/events/2017/03/23/tasc-discussion-shareholders-or-stakeholders/

Fingerprint

company law
weblog
competitiveness
legislation
worker participation
paradigm change
creditor
exemption
shareholder
social attraction
rent
stakeholder
minority
reform
economy
market

Keywords

  • EU competition law
  • Social Policy
  • workers' participation

Cite this

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abstract = "In a Blog (Progressive-Economy@TASC), Jan Cremers (UvT) describes the paradigm change that took place in company law in the 1990s. Since the introduction of the European internal market, company law has been increasingly judged in terms of its impact on ‘competitiveness’. This has led to some worrying developments. If competitiveness and attractiveness become the key messages of the agenda for company lawmaking, this risks promoting a policy that will guide Member States towards reforms of their national legislation which promote rent-seeking at other countries’ expense. The outcome is predictable: less specific protection of various stakeholders (minority shareholders, creditors and so on), dilution of workers’ participation, fewer requirements with regard to registration, no capital requirements and more and more exemptions from the legislation in force.",
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Cremers, J, Company law as another beggar-my-neighbour policy: Blog, 2017, Web publication/site, TASC, Dublin.
Company law as another beggar-my-neighbour policy : Blog. Cremers, Jan (Author). 2017. Dublin : TASCEvent: TASC Discussion: Shareholders or Stakeholders?, ESB HQ, 27 Fitzwilliam Street Lower, Dublin, Ireland.

Research output: Non-textual formWeb publication/siteOther research output

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AB - In a Blog (Progressive-Economy@TASC), Jan Cremers (UvT) describes the paradigm change that took place in company law in the 1990s. Since the introduction of the European internal market, company law has been increasingly judged in terms of its impact on ‘competitiveness’. This has led to some worrying developments. If competitiveness and attractiveness become the key messages of the agenda for company lawmaking, this risks promoting a policy that will guide Member States towards reforms of their national legislation which promote rent-seeking at other countries’ expense. The outcome is predictable: less specific protection of various stakeholders (minority shareholders, creditors and so on), dilution of workers’ participation, fewer requirements with regard to registration, no capital requirements and more and more exemptions from the legislation in force.

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