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Legal diversity and regulatory competition: which model for Europe?

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  • Simon Deakin

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.

Suggested Citation

  • Simon Deakin, 2006. "Legal diversity and regulatory competition: which model for Europe?," Working Papers wp323, Centre for Business Research, University of Cambridge.
    • Handle: RePEc:cbr:cbrwps:wp323
    Note: PRO-2
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    File URL: https://www.jbs.cam.ac.uk/cbrwp323/
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    Citations

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    Cited by:

    1. Eckey, Hans-Friedrich & Türck, Matthias, 2007. "Convergence of EU-Regions. A Literature Report," INVESTIGACIONES REGIONALES - Journal of REGIONAL RESEARCH, Asociación Española de Ciencia Regional, issue 10, pages 5-32.
    2. Sarah Vandenbroucke & Jaroslaw Kantorowicz & Yvonne Erkens, 2024. "Decoding supplier codes of conduct with content and text as data approaches," Corporate Social Responsibility and Environmental Management, John Wiley & Sons, vol. 31(1), pages 472-492, January.
    3. Njoya, W., 2010. "Employee Ownership in the European Company: Reflexive Law, Reincorporation and Escaping Codetermination," Working Papers wp416, Centre for Business Research, University of Cambridge.
    4. Cafaggi, Fabrizio & Muir Watt, Horatia, 2007. "The Making of European Private Law: Regulation and Governance design," European Governance Papers (EUROGOV) 2, CONNEX and EUROGOV networks.
    5. Simon Deakin, 2008. "Regulatory Competition in Europe after Laval," Working Papers wp364, Centre for Business Research, University of Cambridge.
    6. Mathias Siems, 2009. "Shareholder, Creditor and Worker Protection: Time Series Evidence about the Differences between French, German, Idian, UK and US Law," Working Papers wp381, Centre for Business Research, University of Cambridge.
    7. Bruce G. Carruthers & Naomi R. Lamoreaux, 2016. "Regulatory Races: The Effects of Jurisdictional Competition on Regulatory Standards," Journal of Economic Literature, American Economic Association, vol. 54(1), pages 52-97, March.

    More about this item

    Keywords

    corporate law; labour law; regulatory competition;
    All these keywords.

    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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