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Company Law in the New Europe
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Company Law in the New Europe

The EU Acquis, Comparative Methodology and Model Law

9781845424152 Edward Elgar Publishing
Janet Dine, Professor of International Economic Development Law, Centre for Commercial Law Studies, Queen Mary University of London, UK, Marios Koutsias, Lecturer in EU Commercial Law, School of Law, University of Essex, UK and Michael Blecher, Senior Counsel for legal development projects for German Technical Co-operation (GT2), EU and World Bank
Publication Date: 2007 ISBN: 978 1 84542 415 2 Extent: 384 pp
This book provides comprehensive analysis of the recent enlargement of the EU, shedding light on the rationale behind the EU’s decisions to enlarge, examining the side effects these choices have on a range of EU policies and particularly on the effect of the Acquis on candidate countries.

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Contents
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This book provides comprehensive analysis of the recent enlargement of the EU, shedding light on the rationale behind the EU’s decisions to enlarge, examining the side effects these choices have on a range of EU policies and particularly on the effect of the Acquis on candidate countries.

Emphasis is placed on the area of company law, which occupies a central part in a country’s economic planning and therefore its commercial law. Past enlargements are thoroughly explained and the potential impact of the new political landscape in Europe in the wake of the popular rejection of the European Constitutional Treaty on future enlargements is evaluated. A comparative methodology for commercial law drafting in transition and developing economies is put forward and the book concludes with a complete draft of a model company law for transition (and developing) economies. The aim is to provide a template for discussion.

This book will be of great interest to those interested in considering the influence that the prospect of EU membership has on transition countries in general, the emphasis being on laws vital to emerging market economies, particularly commercial and company law.
Critical Acclaim
‘This study on the potential of law to ensure the social responsibility of a company is an innovative and important study. It is a topical contribution to the sociology of market economies in transition. It is a unique effort to provide detailed practical guidance for the design of the company law in developing economies in general and the “new Europe” in particular.’
– Christian Joerges, European University Institute Florence, Italy
Contents
Contents: Preface Part I: The Challenge of Enlargement Contents of Part I 1. The EU and the Recent Enlargement: Opportunities and Challenges 2. Enlargement: The Story So Far 3. The Criteria for Entry 4. Political and Economic Conditions for Drafting Commercial and Company Law in Transition and Developing Countries Part II: A Model Company Law for Transition Economies A Model Company Law for Transition Economies: Introduction Contents for Part II 1. Common Provisions (Arts. 1–29) 2. General Partnerships (Arts. 30–79) 3. Limited Partnerships (Arts. 80–94) 4. Joint-Stock Companies (Arts. 95–227) 5. Limited Liability Companies (Arts. 228–80) 6. Groups of Enterprises (Arts. 281–4) 7. Public Enterprises (Art. 285) 8. Restructuring of Enterprises (Arts. 286–302) 9. Penal Provisions (Arts. 303–10) 10. Transitional and Final Provisions (Arts. 311–15) Bibliography Index

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