Legal diversity and regulatory competition: which model for Europe?
AbstractTwo models of regulatory competition are contrasted, one based on a US pattern of Ôcompetitive federalismÕ, the other a European conception of Ôreflexive harmonisationÕ. In the European context, harmonization of corporate and labour law, contrary to its critics, has been a force for the preservation of diversity, and of an approach to regulatory interaction based on mutual learning between nation states. It is thus paradoxical, and arguably antithetical to the goal of European integration, that this approach is in danger of being undermined by attempts, following the Centros case, to introduce a Delaware-type form of inter-jurisdictional competition into European company law.
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Bibliographic InfoPaper provided by ESRC Centre for Business Research in its series ESRC Centre for Business Research - Working Papers with number wp323.
Date of creation: Mar 2006
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corporate law; labour law; regulatory competition;
Find related papers by JEL classification:
- K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
- K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
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- NEP-ALL-2006-05-27 (All new papers)
- NEP-EEC-2006-05-27 (European Economics)
- NEP-LAW-2006-05-27 (Law & Economics)
- NEP-REG-2006-05-27 (Regulation)
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- Mathias Siems, 2009. "Shareholder, Creditor and Worker Protection: Time Series Evidence about the Differences between French, German, Idian, UK and US Law," ESRC Centre for Business Research - Working Papers wp381, ESRC Centre for Business Research.
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