- Are you being served? The consultation procedure on the functioning of the European Company Statute
- Volume | Issue number
- 17 | 2
- Pages (from-to)
- Document type
- Faculty of Law (FdR)
- Amsterdam Institute for Advanced Labour Studies (AIAS)
After a decision-making process lasting 30 years, the EU Council finally adopted the general principles for a Regulation on the Statute for a European Company (Societas Europaea, hereafter SE) and the Directive with regard to the involvement of employees in European Companies (SE Directive) in December 2000. The main purpose was to enable companies to operate their businesses on a cross-border basis in Europe under the same corporate regime. The SE legislation entered into force on 8 October 2004 and, by mid-2007, all EU countries had transposed it into national law.The SE Regulation required the European Commission to present a report on its application, including proposals for amendments where appropriate, five years after its entry into force. DG Internal Market and Services commissioned Ernst & Young to carry out this study. The study report was finalized in December 2009 and published on the Commission’s website in March 2010. In spring 2010, the Commission launched an online consultation via its website to test the results of this study (European Commission, 2010a), while at the same time organizing a conference on the SE statute. The aim of these activities was to examine the findings of the Ernst & Young study and to provide the Commission with input on issues relevant for the assessment (European Commission, 2010b). Consultation participation was modest: the Commission received 57 different responses, with two groups dominating: business consultants and academia. This article is a follow-up to an earlier critical assessment of the procedure used.
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