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The Polbud judgment and the freedom of establishment for companies in the European Union: problems and perspectives

23-10-2018

The present work provides a study of analysis of the EU Court of Justice’s Polbud judgment on the cross-border conversion. It has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee. This study focuses on the implications of the judgment for the freedom of establishment of companies across the EU, including the potential risk of “forum and tax shopping” as well as for the protection of creditors, minority ...

The present work provides a study of analysis of the EU Court of Justice’s Polbud judgment on the cross-border conversion. It has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee. This study focuses on the implications of the judgment for the freedom of establishment of companies across the EU, including the potential risk of “forum and tax shopping” as well as for the protection of creditors, minority shareholders and workers.

Externí autor

Simona FRAZZANI Professor Carlo ANGELICI Professor Jochen HOFFMANN Silvia MEDICI, Professor Francesco SCIAUDONE

Employee Financial Participation: Spain's Sociedades Laborales

15-08-2016

In the current debate about employee’s financial participation in their companies, a lot of attention has focussed on the Spanish model of Sociedades Laborales. These three briefings, commissioned by Policy Department A for the Committee on Employment and Social Affairs (EMPL), present the legal framework for these companies as well as statistics on their survival rate and job retention, an academic’s view of the model and a practitioner’s observations. Past attempts at transposing the model to other ...

In the current debate about employee’s financial participation in their companies, a lot of attention has focussed on the Spanish model of Sociedades Laborales. These three briefings, commissioned by Policy Department A for the Committee on Employment and Social Affairs (EMPL), present the legal framework for these companies as well as statistics on their survival rate and job retention, an academic’s view of the model and a practitioner’s observations. Past attempts at transposing the model to other countries, and the required conditions, are covered as well.

Externí autor

Isabel-Gemma Fajardo García, Javier Muñecas and Javier San José

Proceedings of the Workshop on Policy Areas and Current Challenges in the Field of Employment and Social Affairs

15-01-2015

A workshop on "Policy areas and current challenges in the field of Employment and Social Affairs at EU level" was held in the European Parliament in Brussels on 22/23 September 2014. A representative of the European Commission and five external experts presented the different EMPL policy areas with a view to informing and preparing new Members for the hearing of the Commissioner(s)-designate by the EMPL Committee. Furthermore, the event aimed to facilitate an exchange of views and provide a forum ...

A workshop on "Policy areas and current challenges in the field of Employment and Social Affairs at EU level" was held in the European Parliament in Brussels on 22/23 September 2014. A representative of the European Commission and five external experts presented the different EMPL policy areas with a view to informing and preparing new Members for the hearing of the Commissioner(s)-designate by the EMPL Committee. Furthermore, the event aimed to facilitate an exchange of views and provide a forum for discussion between MEPs and the expert panel. This Policy Department A document contains the programme, a summary of discussions, background papers and the presentations of that workshop.

Externí autor

Andrea BROUGHTON (Institute for Employment Studies, the UK), Lothar LISSNER (Kooperationsstelle Hamburg, IFE), Piet RENOOY, Laura TODARO (European Public Policy, Matrix) and Mirja GUTHEIL (European Public Policy, Matrix)

Commitments Made at the Hearing of Marianne Thyssen - Commissioner-Designate

04-11-2014

Briefing summarises the commitments made at the hearing of Marianne Thyssen Commissioner designate for Employment, Social Affairs, Skills and Labour Mobility.

Briefing summarises the commitments made at the hearing of Marianne Thyssen Commissioner designate for Employment, Social Affairs, Skills and Labour Mobility.

Seafarers: Initial Appraisal of the Commission's Impact Assessment

11-02-2014

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the proposal for a Directive for the inclusion of seafaring workers in the EU labour law Directives, submitted on 18 November 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the proposal for a Directive for the inclusion of seafaring workers in the EU labour law Directives, submitted on 18 November 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal. It is drafted for informational and background purposes to assist the relevant parliamentary committee and Members more widely in their work.

Relations between Company Supervisory Bodies and the Management - National Systems and Proposed Instruments at the European Level with a View to Improving Legal Efficiency

15-05-2012

Proper functioning of the supervisory body and the quality of its relations with the management are among the essential conditions enabling a business to create value over the long term. The advances proposed in these two areas pertain, in particular, to the membership of the body, the training of its members and the functions of its committees, for which recommendations at the European level may be useful. They also involve the place of stakeholders (gender balance, employee involvement). These ...

Proper functioning of the supervisory body and the quality of its relations with the management are among the essential conditions enabling a business to create value over the long term. The advances proposed in these two areas pertain, in particular, to the membership of the body, the training of its members and the functions of its committees, for which recommendations at the European level may be useful. They also involve the place of stakeholders (gender balance, employee involvement). These two issues are currently handled with a lack of uniformity in the 27 countries in the Union, which would benefit from the adoption of European directives.

Externí autor

Valérie Tandeau de Marsac (Barreau de Paris, France) et Yann Paclot (Université de Paris XI, Paris, France) Maîtrise d'oeuvre : Jeantetassocies AARPI, cabinet d'avocats avec la collaboration de Catherine Cathiard (Barreau de Paris, France) , Francis Collin (Barreau de Paris, France) , Pascal Georges (Barreau de Paris, France) , Emmanuelle Huck (juriste) , Sylvie Le Damany (Barreau de Paris, France) , Didier Poracchia (Université d’Aix-Marseille, France) and Philippe Portier (Barreau de Paris, France et Barreau de New York, USA)

Rights and Obligations of Shareholders - National Regimes and Proposed Instruments at EU Level for Improving Legal Efficiency

15-05-2012

Shareholders are both partners with voting rights, who can take part in collective decisions concerning the company, and owners of equity securities, who are entitled to profit from selling them on. In view of this dual aspect, it seemed that legal efficiency in terms of their rights and obligations could be improved by (i) recognising the primacy of corporate benefit and (ii) making concerted action possible.

Shareholders are both partners with voting rights, who can take part in collective decisions concerning the company, and owners of equity securities, who are entitled to profit from selling them on. In view of this dual aspect, it seemed that legal efficiency in terms of their rights and obligations could be improved by (i) recognising the primacy of corporate benefit and (ii) making concerted action possible.

Externí autor

Frank Martin Laprade (Université de Paris XI, Paris, France) avec la collaboration de Philippe Portier (Barreau de Paris, France et Barreau de New York, USA) , Catherine Cathiard (Barreau de Paris, France) , Yann Paclot (Université de Paris XI, Paris, France) and Didier Poracchia (Université d’Aix-Marseille, France)

Trade Union Rights in the EU Member States

15-12-1997

The study is divided into two parts. Part I outlines the law on trade union rights in the Member States, indicates common ground among them and identifies deficiences on the part of individual Member States. Part II explains how Member State laws on trade union rights are affected by EC law harmonisation and the European social dialogue.

The study is divided into two parts. Part I outlines the law on trade union rights in the Member States, indicates common ground among them and identifies deficiences on the part of individual Member States. Part II explains how Member State laws on trade union rights are affected by EC law harmonisation and the European social dialogue.

Externí autor

Brian Bercusson (University of Manchester, the UK)

Strikes and Secondary Industrial Action In the EU Member States

16-09-1996

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