The European Company: Original expectations and deficiencies of implementation

Abstract

We address the failures of the implementation of the European Company Directive and their far-reaching consequences, and discuss options for necessary amendments and improvements. We present empirical data on the characteristics of European companies and their distribution across EU Member States, and discuss major unexpected results of transposition and implementation as well as many evident problems. We then develop options for amendments, including definition of structural changes, mandatory introduction of employee involvement and extension of the ‘before and after’ principle. Finally, we analyse the history of the review process and explain why amendments have not and will most likely not be introduced despite obvious failures and deficiencies.