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Managers in European Law: Rights and Duties of Executive and Non-Executive Managers in a European Perspective


ISBN13: 9789403532868
Published: January 2024
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £111.00



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Managers in European Law is a pioneering book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across various jurisdictions (namely, EU and national law). Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals?

What’s in this book:

The following aspects of the executive role covered include:

  • extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe
  • comprehensive interdisciplinary and comparative analysis of cross-cutting issues affecting managers in Europe, including complexities arising from national variations in governance structures and roles and functions of managers
  • comprehensive analysis of cases before the European courts with full awareness of applicable rules
  • distinction between registered front directors and those who act as de facto managers
  • how employees (and to some degree other stakeholders) may be involved in management
  • trends in current EU law that increase the need to protect managers
  • trends that increase the need to hold managers liable right to, inter alia, information and consultation, occupational health and safety, non-discrimination and free movement, and
  • recognition that managers may not necessarily be powerful professionals with strength vis-à-vis the company as employer

How this will help you:

According to EU statistics, in 2019, nearly 9.4 million persons held managerial positions across the EU’s Member States, meaning that many managers currently can no longer be considered unworthy of employment protection. The legal status of these individuals thus cannot be sidestepped. This significant volume will be valuable to practitioners, policymakers, and academics in employment and labour law.

Subjects:
Company Law
Contents:
PART I. Overall Framework
CHAPTER 1. Introduction
Karsten Engsig Sørensen, Natalie Videbæk Munkholm & Vincenzo Pietrogiovanni
CHAPTER 2. Governance Structures in European Companies
Gitte Søgaard
CHAPTER 3. Executive and Non-executive Directors under EU Company Law
Christoph Teichmann

PART II. Liabilities and Rights
CHAPTER 4. Disqualification of Directors
Sjur Swensen Ellingsæter
CHAPTER 5. Non-executive and Executive Managers: Individual Liability and Sanctions for Complicity in Competition Law Infringements
Pernille Wegener Jessen
CHAPTER 6. Free Movement of Members of Corporate Management
Karsten Engsig Sørensen
CHAPTER 7. The Qualification of Managers as Employees in Private International Law
Fieke van Overbeeke
CHAPTER 8. National Social Security Approaches to (Non)-executive Managers and Cross-Border Implications
Paul Schoukens, Charlotte Bruynseraede & Gerard Everaet
CHAPTER 9. Information and Consultation from the Perspective of Managers: Rights Vis-à-Vis Duties
Andrea Iossa
CHAPTER 10. Oscillating Between Labour Law and Corporate Law: The Status of Employee Representatives in the Boards
Achim Seifert
CHAPTER 11. Occupational Safety and Health: A Universal Labour Guarantee on Its Way to Include Managers
Ana Cristina Ribeiro Costa
CHAPTER 12. Non-discrimination Against Persons in Management
Peter Ahlberg
CHAPTER 13. The Protection of Managers in the Event of Employer Insolvency: The Scope of European Union Law
Mette Søsted Hemme & Line Langkjær

PART III. Overall Conclusions
CHAPTER 14. Overall Conclusions
Karsten Engsig Sørensen, Natalie Videbæk Munkholm & Vincenzo Pietrogiovanni

Bibliography
Table of Cases