The smooth functioning of the EU internal market entails not only regulatory harmonisation, but also a set of rules which, regardless of the national laws of Member States, uniformly regulates company law and corporate governance at the supranational level. Availability, transparency and disclosure of information in listed companies are of the utmost importance for company law and corporate governance, including capital market law. In company law and corporate governance, they are used as an instrument for the protection of shareholders and to control the activities of management and supervisory boards, while in capital market law their purpose is to ensure reliable and accurate information for the whole capital market.

European company and financial law and regulation have been evolving over time along with business and financial practices. The resulting ‘social licence’ established by company and financial law and regulation aimed to balance the granted privileges of limited liability and share transferability with the corporate social contribution to economic development and employment. Recent transformations driven by shareholder value and financialisation have been challenging this balance of interests between stakeholders (including employees and shareholders) and society. The EU institutional framework may respond to these challenges by reaffirming the centrality of the enterprise as a going concern. On this basis, corporate accountability and responsibility may be enforced to make ongoing corporate affairs accountable and responsible for their contribution to economy and society. Ongoing corporate capacity to cope with social and environmental responsibilities may be assured along with the fair and sustainable remuneration of stakeholders, including shareholding investors, and a fair tax contribution. The EU institutional design and policy mix may be organised to respond to this comprehensive set of corporate dimensions. Here the most relevant fields to be reconsidered include: enterprise groups and corporate social responsibility; financial reporting and transparency; financial investment and asset management.

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