Recent Developments in European Company Law: A Way Forward to More Social Europe?

Abstract

Developments in EU Company Law show how EU Company Law has become more than just a set of market-driven rules focusing on overcoming legal barriers in cross-border investment. Non-binding guidelines on methodology for reporting non-financial information, combating discrimination on the grounds of gender by implementing the principle of equal treatment of men and women in matters of employment, proposal for a new legislation aiming at attaining a 40% objective of the under-represented sex in non-executive board-member positions in publicly listed companies are some of those initiatives. Several EU reports have stressed the positive impact of employee participation on companies' economic results, motivation and retention of employees. It is encouraging for stakeholders and the future of 'Social Europe' to see that the present European Company Mobility Package-tackling cross border conversions, mergers and divisions-takes an approach in favor of shareholders, employees and creditors. According to the European Economic and Social Committee, the new company law rules should make it easier for companies to merge, divide or move within the Single Market. New rules should ensure better protection of employees' rights and prevention of tax abuse. One may pose a question should the EU implement its social policies through EU Company Law. If so, which areas of EU Company Law should preserve (and enhance) social values? Could too much care for sustainability of social values eventually lead to non-sustainability of traditional company law?

Professional Qualifications Recognition of Doctors in the EU: A Perspective of EU Citizens and Third-Country Nationals

“…29 Although the overall system of qualifications recognition remained the same, the new Directive instituted various modernizations, for example the introduction the European professional card and the central online access to information and completion of procedures by electronic means, thus ensuring availability of online information via unique contact points, as well as the establishment of assistance centers. Most importantly, it introduced the system of automatic recognition for seven professions, namely architects, dentists, doctors, nurses, midwives, pharmacists and veterinary surgeons (Horak et al, 2014. ) The Directive 2005/36/EC remains in force together with amendments introduced by the Directive 2013/55/EU (hereinafter PQD).…”

“…This system requires the applicant to submit evidence relevant to the previous pursuit of professional activities, which can be proved either based on certificates issued by a competent authority in a Member State or by certificates judged by a competent professional body to be fully valid. Recognition depends on a duration and type of experience, and the possession of general, commercial or professional knowledge and aptitudes (Article 16 of the PQD; Horak et al, 2014). Further conditions for recognition for each specific profession are specified in Annex IV of the PQD.…”

“…PQD establishes the minimum training conditions for each of the seven professions. For example, the training for doctors has to comprise of a minimum of six years of study consisting of a theoretical and clinical part, which can be expressed in ECTS credits (Articles 24-26 PQD; Horak et al, 2014;Kortese, 2016, p. 51.…”