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Employee ownership in the European Company: reflexive law, reincorporation and escaping co-determination

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Article

Njoya, Wanjiru

Journal of Corporate Law Studies

2011

11

2

267-298

codetermination ; workers participation

Workers participation and European works councils

English

Bibliogr.

"This article assesses the effects of reincorporation on co-determination, focusing on the scope for escaping co-determination by restructuring under the European Company (Societas Europaea or SE). This is usually associated with the prospect of corporate flight from co-determined 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 co-determination. Viewed within a framework of reflexive harmonisation, the effects on co-determination 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 co-determination to become more, rather than less, integrated as part of the ownership landscape of European firms. "

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