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Legal diversity and regulatory competition: which model for Europe?

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  • Simon Deakin
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    Abstract

    Two 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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    File URL: http://www.cbr.cam.ac.uk/pdf/WP323.pdf
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    Bibliographic Info

    Paper provided by ESRC Centre for Business Research in its series ESRC Centre for Business Research - Working Papers with number wp323.

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    Date of creation: Mar 2006
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    Handle: RePEc:cbr:cbrwps:wp323

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    Web page: http://www.cbr.cam.ac.uk/

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    Keywords: corporate law; labour law; regulatory competition;

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    Cited by:
    1. Eckey, Hans-Friedrich & Türck, Matthias, 2007. "Convergence of EU-Regions. A Literature Report," Investigaciones Regionales, Asociación Española de Ciencia Regional, issue 10, pages 5-32.
    2. 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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