Managers In European Law

Author : Natalie Videbæk Munkholm,Vicenzo Pietrogiovanni,Karsten Engsig Sørensen
Publisher : Kluwer Law International B.V.
Page : 439 pages
File Size : 48,5 Mb
Release : 2024-02-08
Category : Law
ISBN : 9789403533162

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Managers in European Law by Natalie Videbæk Munkholm,Vicenzo Pietrogiovanni,Karsten Engsig Sørensen Pdf

Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and comparative analysis of cross-cutting issues affecting managers in Europe, including complexities arising from national variations in governance structures and roles and functions of managers; comprehensive analysis of cases before the European courts with full awareness of applicable rules; distinction between registered front directors and those who act as de facto managers; how employees (and to some degree other stakeholders) may be involved in management; trends in current EU law that increase the need to protect managers; trends that increase the need to hold managers liable; right to inter alia information and consultation, occupational health and safety, non-discrimination and free movement; and recognition that managers may not necessarily be powerful professionals with strength vis-à-vis the company as employer. According to EU statistics, in 2019, nearly 9.4 million persons held a managerial position across the EU’s Member States, meaning that many managers currently can no longer inherently be considered unworthy of employment protection. The legal status of these individuals thus cannot be sidestepped. This very important volume accordingly will be of value to practitioners, policymakers, and academics in employment and labour law.

Author : George Siedel,Helena Haapio
Publisher : CRC Press
Page : 173 pages
File Size : 51,9 Mb
Release : 2016-04-22
Category : Business & Economics
ISBN : 9781317075608

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Proactive Law for Managers by George Siedel,Helena Haapio Pdf

Savvy managers no longer look at contracts and the law reactively but use them proactively to reduce their costs, minimize their risks, secure key talent, collaborate to innovate, protect intellectual property, and create value for their customers that is superior to that offered by competitors. To achieve competitive advantage in this way managers need a plan. Proactive Law for Managers provides this plan; The Manager's Legal PlanTM. George Siedel and Helena Haapio first discuss the traditional, reactive approach used by many managers when confronted with the law, then contrast it with a proactive approach that enables the law and managers' legal capabilities to be used to prevent problems, promote successful business, and achieve competitive advantage. Proactive Law for Managers shows how to use contracts and the law to create new value and innovate in often neglected areas - and implement ideas in a profitable manner.

Author : Chien-Huei Wu,Frank Gaenssmantel
Publisher : Routledge
Page : 276 pages
File Size : 42,9 Mb
Release : 2021-09-30
Category : Electronic
ISBN : 1032176377

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Law and Diplomacy in the Management of Eu-Asia Trade and Investment Relations by Chien-Huei Wu,Frank Gaenssmantel Pdf

This volume fills a gap in the literature regarding questions around the interactive dynamics between law and diplomacy on international trade and investment. It brings together lawyers and political scientists from Europe and Asia in an interdisciplinary effort at tracing the respective roles of law and diplomacy in the relations of the European Union (EU) with its trade and investment partners in Asia. Focusing on trade and investment relations with Asia, the EU presents a particularly interesting case as it has been a strong proponent of a rules-based international economic order for years and a frequent user of the formal procedures established in international treaties in case of disputes. At the same time, it has kept diplomatically active to adjust dispute management and international agreements to the needs and demands of the partners involved. Furthermore, not only is this region of crucial importance due to the presence of both vigorous emerging economies, like China, India and Vietnam, and more established partners, like Japan, EU-Asia relations also present a broad set of economic disputes and recent negotiation efforts analyzed in the contributions to this volume. This book will be of key interest to scholars and students of international trade/economic law, EU politics, EU external relations (law), international relations, diplomacy and more broadly to international relations and Asian studies.

Author : Emilia Mišćenić,Aurélien Raccah
Publisher : Springer
Page : 256 pages
File Size : 48,7 Mb
Release : 2016-04-13
Category : Law
ISBN : 9783319285962

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Legal Risks in EU Law by Emilia Mišćenić,Aurélien Raccah Pdf

This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

Author : Inge Govaere,Sara Poli
Publisher : Martinus Nijhoff Publishers
Page : 448 pages
File Size : 54,6 Mb
Release : 2014-06-20
Category : Political Science
ISBN : 9789004268333

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EU Management of Global Emergencies by Inge Govaere,Sara Poli Pdf

EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises provides a thorough analysis of the role played by the European Union (EU) in combating some of the global emergencies that currently affect, or are likely to affect, our planet.

Author : Dora Kostakopoulou
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 52,6 Mb
Release : 2020-09-25
Category : Law
ISBN : 9781786431592

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EU Citizenship Law and Policy by Dora Kostakopoulou Pdf

This theoretically ambitious work combines analytical, institutional and critical approaches in order to provide an in-depth, panoramic and contextual account of European Union citizenship law and policy.

Author : Dirk A. Zetzsche
Publisher : Kluwer Law International B.V.
Page : 948 pages
File Size : 53,9 Mb
Release : 2015-09-14
Category : Law
ISBN : 9789041149954

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The Alternative Investment Fund Managers Directive by Dirk A. Zetzsche Pdf

Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.

Author : Miroslava Scholten,Michiel Luchtman
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 53,8 Mb
Release : 2017-11-24
Category : SOCIAL SCIENCE
ISBN : 9781786434630

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Law Enforcement by EU Authorities by Miroslava Scholten,Michiel Luchtman Pdf

EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

Author : Christoph U. Schmid
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 48,9 Mb
Release : 2018-01-26
Category : LAW
ISBN : 9781788113984

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Tenancy Law and Housing Policy in Europe by Christoph U. Schmid Pdf

Tenancy law has developed in all EU member states for decades, or even centuries, but constitutes a widely blank space in comparative and European law. This book fills an important gap in the literature by considering the diverse and complex panorama of housing policies, markets and their legal regulation across Europe. Expert contributors argue that that while unification is neither politically desired nor opportune, a European recommendation of best practices including draft rules and default contracts implementing a regulatory equilibrium would be a rewarding step forward.

Author : Dirk A. Zetzsche
Publisher : Kluwer Law International B.V.
Page : 840 pages
File Size : 46,7 Mb
Release : 2012-11-01
Category : Law
ISBN : 9789041147998

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Multilingual Interpretation of European Union Law by Dirk A. Zetzsche Pdf

The Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early 21st century. However, a preponderance of practitioners and academics in the field argue that, in its present form, the directive is seriously out of touch with both the system of European financial law and industry practice. In this first in-depth analytical and critical discussion of the content and system of the directive, thirty-four contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: connection with systemic risk and the financial crisis; impact on money laundering and financial crime; nexus with insurance for negligent conduct; connection with corporate governance doctrine; risk management; transparency; the cross-border dimension; liability for lost assets; and impact on alternative investment strategies. Ten country reports add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Italy, Switzerland, Luxembourg, The Netherlands, Austria, Liechtenstein, the United Kingdom, Germany, France, and Ireland. The former are Europe’s most vibrant financial centres and markets. Designed to spur a critical attitude towards the emerging new European financial markets framework presaged by the AIFMD, this much-needed discussion not only elaborates on the inconsistencies and difficulties sure to be encountered when applying the directive, but also provides potential solutions to the problems it raises. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, and administrators, as well as academics in the field.

Author : Stanislaw Tosza
Publisher : Bloomsbury Publishing
Page : 344 pages
File Size : 46,6 Mb
Release : 2018-12-27
Category : Law
ISBN : 9781509914968

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Criminal Liability of Managers in Europe by Stanislaw Tosza Pdf

Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

Author : Chien-Huei Wu,Frank Gaenssmantel
Publisher : Routledge
Page : 271 pages
File Size : 44,5 Mb
Release : 2019-11-22
Category : Business & Economics
ISBN : 9780429867569

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Law and Diplomacy in the Management of EU–Asia Trade and Investment Relations by Chien-Huei Wu,Frank Gaenssmantel Pdf

This volume fills a gap in the literature regarding questions around the interactive dynamics between law and diplomacy on international trade and investment. It brings together lawyers and political scientists from Europe and Asia in an interdisciplinary effort at tracing the respective roles of law and diplomacy in the relations of the European Union (EU) with its trade and investment partners in Asia. Focusing on trade and investment relations with Asia, the EU presents a particularly interesting case as it has been a strong proponent of a rules-based international economic order for years and a frequent user of the formal procedures established in international treaties in case of disputes. At the same time, it has kept diplomatically active to adjust dispute management and international agreements to the needs and demands of the partners involved. Furthermore, not only is this region of crucial importance due to the presence of both vigorous emerging economies, like China, India and Vietnam, and more established partners, like Japan, EU-Asia relations also present a broad set of economic disputes and recent negotiation efforts analyzed in the contributions to this volume. This book will be of key interest to scholars and students of international trade/economic law, EU politics, EU external relations (law), international relations, diplomacy and more broadly to international relations and Asian studies.

Author : Trowers and Hamlins Staff
Publisher : Unknown
Page : 208 pages
File Size : 46,7 Mb
Release : 1992-01-01
Category : Electronic
ISBN : 0273038648

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European Employment Law by Trowers and Hamlins Staff Pdf

Author : Hanne S. Birkmose,Mette Neville,Karsten Engsig Sørensen
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 54,5 Mb
Release : 2022-12-09
Category : Law
ISBN : 9789403541730

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Instruments of EU Corporate Governance by Hanne S. Birkmose,Mette Neville,Karsten Engsig Sørensen Pdf

European Company Law Series, Volume 19 Compelling new perspectives on corporate governance – including attention to increased shareholder engagement, long-term value creation, and sustainability – have given rise to major changes in the management of companies. Yet, until this book, there has been no systematic account of the legislative and soft law instruments designed to promote good corporate governance practices across the range of sizes and types of companies. The book analyses the various instruments that legislators and others have used to promote good corporate governance in European companies and assesses their value in practice. Nineteen well-known scholars of business and corporate law delve into how such issues and topics as the following are approached across the spectrum of corporate governance instruments available in Europe: corporate codes of conduct; procedural rules regulating how directors make decisions; rules on board composition and remuneration; regulating boards in small- and medium-sized enterprises; public enforcement of directors’ duties; how digitalisation may affect implementation of corporate governance instruments; reporting rules; rules on the empowerment of minority shareholders; the role of the general meeting; regulation of the market for corporate control; certifications; rules on liability of directors; and role of auditors and accountants. In its in-depth analysis of the benefits and potential disadvantages of each instrument and what may be achieved both at company level and generally, this book will prove of value to all concerned with promoting responsible corporate governance, whether in business, government, or academia.

Author : Stephen Weatherill
Publisher : Springer Science & Business Media
Page : 573 pages
File Size : 46,9 Mb
Release : 2013-12-21
Category : Law
ISBN : 9789067049399

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European Sports Law by Stephen Weatherill Pdf

European Sports Law: Collected Papers 2nd edition contains the collected works (1989-2012) of Stephen Weatherill, Jacques Delors Professor of European Community Law, Somerville College, University of Oxford, United Kingdom, with an extensive introduction on the background and rationale for the selected papers. Stephen Weatherill is a leading academic and author on the subject of European Union law and professional sport. His work is of the highest academic standard and practice-oriented at the same time, which has a strong impact on major court cases and the development of international sports law in general. The updated 2nd edition is a vademecum for those involved with international sport and the challenges European law and sport provide and is an indispensable tool for administrators, managers, researchers, academics, marketers, broadcasters, advisers and practitioners. The book appears in the ASSER International Sports Law Series (ISSN: 1874-6926), under the editorship of Dr. David McArdle, Dr. Ben Van Rompuy and Marco van der Harst LL.M.