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Employee ownership in the European company: reflexive law, reincorporation and escaping codetermination

Njoya, Wanjiru (2011) Employee ownership in the European company: reflexive law, reincorporation and escaping codetermination. Journal of Corporate Law Studies, 11 (2). pp. 267-298. ISSN 1473-5970

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Abstract

This article assesses the effects of reincorporation on codetermination, focusing on the scope for escaping codetermination by restructuring under the European Company (SE). This is usually associated with the prospect of corporate flight from codetermined jurisdictions. The article presents an alternative possibility, arguing that because the self-regulatory framework of employee participation in the SE encourages diversity and experimentation, it does not inevitably erode the institution of codetermination. Viewed within a framework of reflexive harmonization, the effects on codetermination are better understood as part of an open-ended process of evolution in the ownership and control structures of the firm. This points to the potential for codetermination to become more, rather than less, integrated as part of the ownership landscape of European firms.

Item Type: Article
Official URL: http://www.hartjournals.co.uk/jcls/
Additional Information: © 2011 Hart Publishing
Library of Congress subject classification: K Law > K Law (General)
Journal of Economic Literature Classification System: G - Financial Economics > G3 - Corporate Finance and Governance > G34 - Mergers; Acquisitions; Restructuring; Corporate Governance
K - Law and Economics > K2 - Regulation and Business Law > K22 - Corporation and Securities Law
Sets: Departments > Law
Collections > Economists Online
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 26 Sep 2011 10:16
URL: http://eprints.lse.ac.uk/38442/

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