Sign In
Not register? Register Now!
Essay Available:
You are here: HomeEssayLaw
Pages:
4 pages/≈1100 words
Sources:
4 Sources
Level:
Chicago
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 9.95
Topic:

European Commercial Law Law Essay Research Coursework (Essay Sample)

Instructions:

What are the problems of the European Company (SE) Statute [Regulation 2157/2001]? What has not (yet) been achieved by the European Company (SE) Statute?
What is the status of the UK sovereign Base Areas in Cyprus?

source..
Content:


European Commercial Law – Assignment
Program:
Module Title:
Student Number:
Tutor:
Date:
Word Count: 1396
European Commercial Law – Assignment
Question No. 1
What are the problems of the European Company (SE) Statute [Regulation 2157/2001]? What has not (yet) been achieved by the European Company (SE) Statute?
Answer
The European Company (SE) Statute is widely considered as a critical step in the development of the European Company law, especially with regard to corporate mobility. The Statute expressly provides the rules that govern the mergers between public companies from various Member States through the incorporation of an SE. Indeed, there are several advantages of incorporating as European Companies. However, an in-depth evaluation of different provisions of the SE reveals that there are instances where the incorporation of the European Companies is disadvantageous. The first problem of this regulatory framework relates to the aspect of negotiation with employees. It is worth noting that the SE has a flexible approach for highlighting the rights and the degree of employee participation in the process of incorporating a European Company. In particular, this scope is often determined by the means of negotiation between the company and the employees. It is argued that the aforementioned flexibility was primarily implemented so as to strike a balance between the Member States with strong and weak regulations on employee protection. It is further averred that this flexibility was considered a benefit for a business enterprise, for example, an SE. In practice, however, the highlighted flexibility is a major problem for businesses. The Member States that have weak protection European Companies are likely to choose the alternative of employee information and consultation rights. The rationale for this being the case is because, in practice, the information and consultation rights do not give employees significant influence on how the business enterprise is managed. From a critical and realistic point of view, it is only the participation rights that give employees the opportunity to play an active role in the management of a company. For instance, these rights allow the employees to appoint or elect representatives in the firm’s leadership organ.[Chepenko A, “European Company: to incorporate, or not to incorporate?” Queen Mary University of London, 34.] [Ibid., 35.]

...
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now:

Other Topics:

  • CYBERSEX TRAFFICKING ON CHILDREN in Australia. Law Essay
    Description: With the proliferation of technology worldwide, human trafficking has advanced beyond its traditional form. No longer is the sexual exploitation of children limited to face-to-face contact,as cyber-sex trafficking allows this exploitation to occur through a computer screen from thousands of kilometres away....
    6 pages/≈1650 words| 12 Sources | Chicago | Law | Essay |
  • International Forms Of Alternative Sentencing Law Essay
    Description: The ballooning incarceration rate has filled the prison system in many countries around the world. Even as general crime rates trend ever downwards, prisons all over the world, are experiencing significant overcrowding. The punishment for any convicted offender is not always a walk to the jail cell...
    5 pages/≈1375 words| 9 Sources | Chicago | Law | Essay |
  • Suspect Symbol Law Essay Research Paper Coursework
    Description: Such a rule, presently perceived in the wake of the ongoing issue of the foulard in France, appears by all appearances to break the most essential fundamentals of the privilege to opportunity of religion and confidence in worldwide law. In many strict conventions, wearing strict images...
    6 pages/≈1650 words| 9 Sources | Chicago | Law | Essay |
Need a Custom Essay Written?
First time 15% Discount!