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The European company, perspectives after Brexit

Ovidiu Ioan Dumitru ()
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Ovidiu Ioan Dumitru: Department of Law, Bucharest University of Economic Studies, Romania

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue 2, 134-146

Abstract: The history of the companies has proven to all of us that this area may have a dynamic similar to the most energetic ones in life. The human societies have changed and developed and together with them the companies were forced to adapt themselves in order to exist and to function over the times. The creation of the European Union brought probably the biggest changes is these fields and the European countries, now member states, have adapted their judicial system in order to have a more uniform and harmonized system. The degree of this status quo, with the rich and eventful historical, cultural and political background is highly debatable and very subjective. With the desire to build a common market, to increase trade and welfare, one of the most significant challenge was the creation of an European company (known also as Societas Europea or SE). The purpose of this paper is to analyze the evolution of the European company and to present a perspective of it after the new evolutions in EU, mainly BREXIT. Using a comparative method on the main issues that were solved or not by the creation of the European company, the article tries to show the clash of business cultures, especially British and German ones, which affected the evolution of the entire European corporate legislation. The conclusions are guided mainly by the future possible evolution of the provisions regarding the European company after one of the strongest business cultures, namely the British one, will withdraw from the continuous fight that kept the development business forms more in the hands of the member states and less in the ones of an harmonized European structure.

Keywords: European company; Societas Europea; Brexit; European Company Law; Corporate Governance; Boards; Shareholders; Freedom of Establishment. (search for similar items in EconPapers)
JEL-codes: K22 K33 (search for similar items in EconPapers)
Date: 2017
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Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:134-146