Download This PaperManagerial procedural rules
Chapter 4 in Hanne S. Birkmose, Mette Neville & Karsten Engsig Sørensen (eds): Instruments of EU corporate governance – effecting changes in the management of companies in a changing world, Wolters Kluwer, 2023 (forthcoming)
20 Pages Posted: 30 Nov 2022
Date Written: November 2022
Abstract
Efforts to promote good corporate governance has in recent years increasingly been focused on regulating procedural aspects of management, that is rules that address or recommend how the management should approach the tasks that they have been given. This chapter analyses how EU law in recent years has harmonised procedural aspects through soft law and hard law, and the potential benefits of using this form of regulation. It is shown that procedural rules may - if used correctly - be used to promote good corporate governance. It may provide for better informed and objective decisions and may help to enforce duties that are otherwise elusive and therefore difficult to enforce. At the same time, it is clear that procedural rules may not be a solution in all cases as they may potentially have more negative effect than positive
Keywords: procedural rules, corporate governance
JEL Classification: K22
Suggested Citation: Suggested Citation