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European Company Law
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ISSN (Print) 1572-4999
Published by Kluwer Law International

[21 journals]

Article: The Age-Old Distinction Between Public and Private Limited
Liability Companies: Should It Stay or Should It Go': A figment of
academics’ imaginations
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  Abstract: This article attempts to answer the question whether the distinction between public and private companies is still needed or whether it is outdated. The question will be answered from an EU perspective, while taking the Dutch legal system as a leading example. In the Netherlands, there was a huge time-gap between the introduction of the public company in 1811 and the introduction of the private company in 1971, 160 years later. This seems to justify the question whether we needed the private company at all.
  Volume 20 Online ISSN 1572-4999
  PubDate: Thu, 12 Jan 2023 00:01:14 GMT
  Issue No: Vol. 20 (2023)
Editorial: The World Is Changing
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  Abstract: Volume 20 Online ISSN 1572-4999
  PubDate: Thu, 12 Jan 2023 00:01:14 GMT
  Issue No: Vol. 20 (2023)
Article: The German Supply Chain Law: A First Step Towards More Corporate
Sustainability
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  Abstract: The German supply chain law ( Lieferkettensorgfaltspflichtengesetz, abbreviated: LkSG) which enters into force on 1 January 2023 is part of the developing legal framework for human rights in global supply chains. Like the French vigilance law, it represents a new generation of supply chain laws which impose mandatory human rights due diligence obligations. The LkSG requires enterprises to exercise a number of due diligence obligations – from conducting risk analysis to undertaking preventive measures or remedial actions. The law is based on public enforcement via a competent authority, the Federal Office for Economic Affairs and Export Control (BAFA). The BAFA monitors and enforces compliance with the due diligence obligations. Non-compliant enterprises can be fined with up to 800,000 Euros and, in some cases, up to 2% of the annual turnover. Whilst the LkSG is an important step towards achieving greater corporate sustainability, it also has limitations. It was a political compromise and, as such, it does not include a new civil liability for non-compliance. Moreover, by default, it only applies to the enterprise’s own business area and its direct suppliers, whereas indirect suppliers are only included where the enterprise has substantiated knowledge that an obligation has been violated.
  Volume 20 Online ISSN 1572-4999
  PubDate: Thu, 12 Jan 2023 00:01:14 GMT
  Issue No: Vol. 20 (2023)
Article: Report on the CELIS Forum on Investment Screening
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  Abstract: On 1–3 June 2022, the Common European Law on Investment Screening (CELIS) Institute organized its fourth annual conference ‘2022 CELIS Forum on Investment Screening’ (CFIS22). The Conference was held in Sweden, at Uppsala University. The CELIS Institute is an independent non-profit, non-partisan research enterprise dedicated to promoting better regulation of foreign investments in the context of security, public order, and competitiveness. It was set up in 2020 by Steffen Hindelang and J. Hillebrand Pohl, the convenors of this year’s conference, as a permanent successor to the ‘International Conference on a Common European Law on Investment Screening (CELIS)’, convened by Professor Hindelang and Andreas Moberg in 2019. The aim of CFIS 22 was to debate European investment screening on national security grounds from a strategic perspective on the theme ‘The Emerging Law of Investment Control in Europe: Screening, Sanctions and Subsidies’. CFIS was a major event which brought together, not just leading academic scholars, EU officials, national experts, diplomats, and policymakers, but also business leaders, think tankers, and representatives of the investment community and civil society, as well as the media from across Europe and beyond. The three-day event was generously funded by Riksbankens jubileumsfond, the Center for International Private Enterprise, the Swedish Institute of International Law, Datenna, Blomstein, and the Institute for Democracy Societas
  Volume 20 Online ISSN 1572-4999
  PubDate: Thu, 12 Jan 2023 00:01:14 GMT
  Issue No: Vol. 20 (2023)

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