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Indirect Management and Implications for Industrial Relations of the European Company Statute: The Case of Slovenia

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In addition to the wide direct impact of the European Company Statute (ECS) on business and industrial relations in Europe, the ECS has even wider indirect implications for Member States' legislation. In coming years this will certainly be seen through the greater convergence of national company laws and rules on industrial relations. The reason for this convergence lies in the fact that, when implementing the ECS, Member States were often also considering the integration of the ECS's solutions into their respective national systems – thereby also considering the growing regulatory competition among EU Member States, which forces legislators to enact laws attractive to foreign investors.

At the moment, Slovenia is one of the EU Member States for which the implications of the ECS for its national legal system are most extensive. The Slovenian legal system is rather limited in scope, and perhaps for this reason it can adopt certain novelties with relative ease; these novelties, however, might have an experimental role in other (larger) states. This chapter therefore analyses the implications of the European Company Statute for the Slovenian national legal system. Within the European internal market, these questions are important for other states too, although some of them are already observing developments in Slovenia, which could consequently influence their systems as well (Knez, 2006).

The 1972, a proposal of the European Commission for the fifth Company Law Directive (Commission of the EC, 1972) sought to coordinate Member States’ legislation on the structure of public limited companies and the powers and obligations of their organs. The proposal was formally withdrawn by the Commission in January 2004 because of political deadlock, revealing the fundamental differences between Member States’ traditions in the field of company law (SCADPlus, 2006). This setback has led the Community legislator to leave the national legislatures more room to manoeuvre over the structure of companies, and to allow economic operators more scope for exercising freedom of contract. Hence, Member States have adopted different systems of organisational structure for limited companies.
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Document Type: Research Article

Publication date: 01 January 2009

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