Employee Ownership in the European Company: Reflexive Law, Reincorporation and Escaping Codetermination

Journal of Corporate Law Studies, Forthcoming

Oxford Legal Studies Research Paper No. 73/2010

49 Pages Posted: 4 Nov 2010 Last revised: 23 Jul 2011

See all articles by Wanjiru Njoya

Wanjiru Njoya

Law School, University of Exeter

Date Written: November 3, 2010

Abstract

This article assesses the effects of reincorporation on codetermination, focusing on the scope for escaping codetermination by restructuring under the European Company (SE). This is usually associated with the prospect of corporate flight from codetermined jurisdictions. The article presents an alternative possibility, arguing that because the self-regulatory framework of employee participation in the SE encourages diversity and experimentation it does not inevitably erode the institution of codetermination. Viewed within a framework of reflexive harmonisation the effects on codetermination are better understood as part of an open-ended process of evolution in the ownership and control structures of the firm. This points to the potential for codetermination to become more, rather than less, integrated as part of the ownership landscape of European firms.

Keywords: employee participation, reincorporation, codetermination, European company, reflexive law, evolution, ownership and control

Suggested Citation

Njoya, Wanjiru, Employee Ownership in the European Company: Reflexive Law, Reincorporation and Escaping Codetermination (November 3, 2010). Journal of Corporate Law Studies, Forthcoming; Oxford Legal Studies Research Paper No. 73/2010. Available at SSRN: https://ssrn.com/abstract=1702456

Wanjiru Njoya (Contact Author)

Law School, University of Exeter ( email )

Streatham Court
University of Exeter
Exeter, EX4 4QJ
United Kingdom

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