Who should make corporate law? EC legislation versus regulatory competition

The beginning of the twenty-first century has brought with it an extraordinary set of stimuli for company law reform in the EU. A series of well-publicised recent scandals on both sides of the Atlantic have shaken faith in existing company law frameworks. Contemporaneously, in the wake of the ECJ’s...

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Autor principal: Armour, J
Formato: Journal article
Publicado em: Oxford University Press 2005
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author Armour, J
author_facet Armour, J
author_sort Armour, J
collection OXFORD
description The beginning of the twenty-first century has brought with it an extraordinary set of stimuli for company law reform in the EU. A series of well-publicised recent scandals on both sides of the Atlantic have shaken faith in existing company law frameworks. Contemporaneously, in the wake of the ECJ’s decisions in the Centros line of cases,¹ EU Member States are, for the first time, seemingly on the threshold of regulatory competition over the content of company law. The result has been protracted debates about the optimal ‘model’ for company law, informing an unprecedented volume of reform activity, both at EU and Member State level. A logically prior question concerns the allocation of jurisdiction to make the relevant reforms across the vertical, or ‘federal’, dimension—as between the EU and Member States.² This question is the subject of the current paper
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spelling oxford-uuid:5a0d895e-a8fd-49f5-a82e-964d401d0b542022-03-26T17:13:22ZWho should make corporate law? EC legislation versus regulatory competitionJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:5a0d895e-a8fd-49f5-a82e-964d401d0b54Symplectic Elements at OxfordOxford University Press2005Armour, JThe beginning of the twenty-first century has brought with it an extraordinary set of stimuli for company law reform in the EU. A series of well-publicised recent scandals on both sides of the Atlantic have shaken faith in existing company law frameworks. Contemporaneously, in the wake of the ECJ’s decisions in the Centros line of cases,¹ EU Member States are, for the first time, seemingly on the threshold of regulatory competition over the content of company law. The result has been protracted debates about the optimal ‘model’ for company law, informing an unprecedented volume of reform activity, both at EU and Member State level. A logically prior question concerns the allocation of jurisdiction to make the relevant reforms across the vertical, or ‘federal’, dimension—as between the EU and Member States.² This question is the subject of the current paper
spellingShingle Armour, J
Who should make corporate law? EC legislation versus regulatory competition
title Who should make corporate law? EC legislation versus regulatory competition
title_full Who should make corporate law? EC legislation versus regulatory competition
title_fullStr Who should make corporate law? EC legislation versus regulatory competition
title_full_unstemmed Who should make corporate law? EC legislation versus regulatory competition
title_short Who should make corporate law? EC legislation versus regulatory competition
title_sort who should make corporate law ec legislation versus regulatory competition
work_keys_str_mv AT armourj whoshouldmakecorporatelaweclegislationversusregulatorycompetition