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EU Company Law Package

GOODCORP analysis of the EU Company Law Package

This section provides an overview of the recently proposed package of Directives on Cross-Border Conversions, Mergers and Divisions (referred to as 'Company Law Package' or 'Company Mobility Package') and their implications for workers' rights to information, consultation and participation, corporate governance, taxation, corporate law and digitatisation of company law. It provides an analysis of the individual aspects and points for more detailed discussion on the topic.

This section contains a series of Briefing Papers on the impact of the Company Law Package.

Policy Brief: 'The EU company law package: how it should be improved to strengthen workers’ rights and avoid abuse through cross-border company mobility'

 

The proposed EU company law package, which was published in May 2018 by the European Commission, seeks to encourage cross-border company mobility while at the same time protecting stakeholder interests. The ETUI’s GOODCORP network of company law experts has identified three areas where the package needs to be revised in the interests of protecting workers’ rights and discouraging corporate abuse and makes thirteen specific recommendations for amendment. These areas include: improving worker involvement rights; strengthening procedures for discouraging abusive behaviour such as tax evasion; and reducing the potential for fraud through online company foundations.





GOODCORP Briefing Papers on the EU Company Law Package


Worker information, consultation and participation rights

1. Analysis of the proposed Directive on Cross-Border Conversions (CBC), Mergers (CBM) and Divisions (CBD) with respect to the links to the acquis on information and consultation rights (Aline Hoffmann)

2. The company law package from the perspective of the workers’ voice (Jan Cremers) 

3. Analysis of the company law package from the perspective of employee board level participation (Johannes Heuschmid)


Anti-abuse provisions

4. Analysis of the Proposed Directive on Cross-Border Conversions, Mergers and Divisions: Artificial Arrangements (Andrew Johnston and Paige Morrow) 

5. Analysis of the company mobility package from the perspective of procedural rules to prevent corporate mobility for the purpose of labour standards avoidance (Mijke Houwerzijl)

6. Analysis of some taxation aspects of the proposed Directive “amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions” (Prem Sikka)


Digitalization of company law

7. Analysis of the proposed Directive on “the use of digital tools and processes in company law” (Sig Vitols)


Other aspects

8. Analysis of the Proposed Directive on Cross-Border Conversions, Mergers and Divisions: Corporate Governance Implications (Andrew Johnston and Paige Morrow)