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EC freedom of establishment, employee participation in corporate governance and the limits of regulatory competition

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Article

Johnston, Andrew

Journal of Corporate Law Studies

2006

6

71-112

codetermination ; regulation ; workers participation ; corporate governance

EU countries

Workers participation and European works councils

English

Bibliogr.

"This article examines the extent to which the corporate governance systems of the Member States of the EC are exposed to regulatoy competition, paying particular attention to the potential threat to the sustainability of mandatoy employee participation rules. The introduction sets out essential context, and looks at the reasons for which a number of supranational harmonisation initiatives failed. Part B sets out the theog of regulatoy competition. Part C looks at the necessay conditionsfor regulatoy competition to operate in the EC, in respect of both incorporationsa nd reincorporations.P artD looks at the German system of co-determination and Part E examines the position of German co-determination law in the face of the developing system of regulatoy competition at European level. The article concludes with some thoughts about the limits of regulatoy competition in the EC. "

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