Module LAW43630: Corporations in an EU context

Department: Law

LAW43630: Corporations in an EU context

Prerequisites

• None

Corequisites

• None

Excluded Combination of Modules

• None

Aims

• To provide an understanding of the operation of the principles governing the free movement of companies within the European Union and, in particular, the right of establishment of companies
• To provide an understanding of the ambit of European company law and the process of harmonisation of national company laws
• To provide an understanding of selected company law directives/regulations and especially those relating to European company forms, cross-border mergers and takeover bids

• To provide an understanding of the principles, rules and regulations which govern the capital raising activities of companies
• To provide an understanding of the institutional architecture governing the making, supervision and enforcement of EU law in the capital raising field, following the financial crisis
• To examine relevant rules and regulations from the perspective of non-European companies wishing to operate within the European Union
• To provide an understanding of the broader issues underlying legal integration for companies, especially those relating to regulatory competition

Content

• Regulating the single market for companies
• Regulatory competition in the European Union
• The free movement of companies within the European Union
• Company law harmonisation and cross-border mobility
• The regulation of capital raising of companies and its institutional architecture

Learning Outcomes

• To demonstrate thorough knowledge of the ambit and evolution of the EU company law harmonisation programme
• To demonstrate good knowledge of selected company law directives/regulations
• To demonstrate good knowledge of the CJEU’s contribution to company law harmonisation and in this context to demonstrate good understanding of the relevant case law
• To demonstrate good knowledge of the principles, rules and regulations which govern capital raising activites of companies in the EU
• To demonstrate good knowledge of the broader issues underlying integration, especially those relating to regulatory competition

• To be able to evaluate critically various company law directives/regulations
• To be able to evaluate critically rules and regulations in the capital markets field
• To be able to reflect critically on the benefits and drawbacks of EU harmonisation for companies
• To be able to reflect critically on the broader issues which underlie legal integration for companies

• To demonstrate ability for independent research, both book- and internet-based
• To be able to think critically and reflect critically on the opinions, views and arguments of others
• To be able to express reasoned arguments orally and in writing
• To be able to think of the law in context

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The module will be taught in lectures and seminars. 25 lectures and five seminars are planned. Seminars are scheduled intermediately over the course of the term. Students will be required to answer set questions for each seminar. The seminar questions will require students to carry out research on their own, guided by the material covered in lectures and the sources referenced in the handout. The seminars will help students to build confidence in their ability to understand the material, to convey their ideas and arguments, and to carry out independent research. Ultimately, the aim is to prepare students for the written 6,000 word essay.
• Examination is by essay. Students will be given a choice of topics. They will be able to draw on their seminar preparation.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

One formative essay of approx. 1,500 words

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University