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Building on both European Union (EU) law and chosen Member States’ legislation, this study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee aims at understanding to what extent Member States are supporting the development and the implementation of CSR strategies in the business community, with particular focus on due diligence requirements. It also attempts at providing some recommendations aimed at ...

This study analyses the potential European Added Value of a measure requiring companies to carry out due diligence on social, environmental and governance risks in their own operations and supply chain. There is evidence of human rights violations and environmental negative impacts related to business activities. This measure could increase firm compliance to international principles of responsible business conduct, increase access to remedy for victims, improve legal certainty and create a level ...

Digital tools and processes in company law

Kort sammanfattning 10-04-2019

The possibility for companies to operate in a favourable legal and administrative environment is crucial for economic growth. Companies already use digital tools in their interaction with administrations; however, they do so to differing degrees depending on the Member State. At the April II plenary session, Parliament is due to vote on the compromise text agreed following trilogue negotiations. The aim is to harmonise and foster the use of digital tools at the various stages in a company's lifecycle ...

Cooperatives are autonomous associations of people aspiring to achieve their objectives through a jointly owned and democratically controlled enterprise. International organisations, such as the United Nations and the European Union (EU), value the role cooperatives play for society, the economy and (international) development. There are 3 million cooperatives worldwide; together, they provide employment for 280 million people, equating to 10 % of the world's employed population. The 300 largest ...

In order to facilitate the freedom of establishment for companies, the Commission is proposing rules regarding the use of digital tools and processes throughout companies’ lifecycles and rules regarding cross-border conversions, mergers and divisions. This initial appraisal of the Commission’s impact assessment on the proposals observes that the impact assessment is very wide in scope and hence quite complex, but nevertheless manages to make a persuasive case to back the regulatory action being proposed ...

In 2012, the Commission proposed to recast the 2000 Insolvency Regulation in order to address the cross-border aspects of insolvency in the EU. Adopted in 2015, the recast regulation introduced clear rules on the jurisdiction and law applicable to a debtor's insolvency proceedings and made mandatory the recognition of those proceedings in other EU Member States. Its remit was expanded to include not only bankruptcy but also hybrid and pre-insolvency proceedings, as well as debt discharges and debt ...

Currently, EU company law is partially codified in Directive (EU) 2017/1132 relating to certain aspects of company law. Harmonisation of EU company law is a prerequisite for deploying a fully-fledged digital single market enabling all operators, in particular SMEs, to draw on the potential of the digital economy and to eliminate unnecessary barriers, while safeguarding their rights and providing legal and cyber security. Despite the recent codification and recently amended other pieces of EU company ...

This study brings together work in progress on a long-term project to identify and analyse the 'cost of non-Europe' in a number of policy fields. This concept, first pioneered by the European Parliament in the 1980s, is used here to quantify the potential efficiency gains in today's European economy through pursuing a series of policy initiatives recently advocated by Parliament – from a wider and deeper digital single market to more systematic coordination of national and European defence policies ...

Bolagsrätt

Faktablad om EU 01-06-2017

Det finns inte någon riktig kodifierad europeisk bolagsrätt och medlemsstaterna fortsätter att tillämpa sina egna bolagsrättsliga bestämmelser, som ibland ändras för att anpassas till EU:s direktiv och förordningar. Det pågående arbetet för att införa en modern och effektiv bolagsrätt och ett bolagsrättsligt system för europeiska företag, investerare och anställda syftar till att förbättra företagsklimatet i EU.

This Commission impact assessment is based on a wealth of information drawing from both research and consultation. Research quoted spans the last decade and encompasses international organisation, academic and think tank work. The consultation performed by the Commission has been essential to prioritising the issues to be further harmonised and in choosing the detailed sub-options. Among the strengths of the IA, there is a genuine attempt to comply as much as possible with the Commission Better Regulation ...