On Friday 29 June, the European Commissioner for Justice, Věra Jourová, returned to the subject of the difficulties involved in the preparatory work for the legislative package amending European company law (see EUROPE 12009), during a conference organised by the Association of Chartered Certified Accountants (ACCA), BusinessEurope, the UEAPME and the EY.
Addressing the representatives of several stakeholders, the Commissioner referred to the “strange atmosphere” and numerous prevarications that affected her services when drawing up this package. It should be recalled that the package was originally expected to contain a third proposal for a regulation on conflicting company legal rules but was finally abandoned and was successively postponed (see EUROPE 12007).
The Commissioner explained, “It is almost impossible to come up with a legislation which the business side would be happy and trade union side. We decided after all to adopt the package because it is necessary and needed”.
This is particularly the case given the impact of the ‘Polbud’ ruling from the European Court of Justice (see EUROPE 11915), which “certainly clarified the freedom of establishment for businesses but did not clarify the rules of the game”. She added that, “My intention was to come with enabling rules for honest businesses”.
Jytte Guteland MEP from Sweden, the shadow rapporteur for the S&D, said that it is important to “rectify the shortcomings and not open up any of the others”. The S&D will put a priority on workers' rights, she explained.
On the “digitalisation” section, she resumed a number of the ideas expressed during the hearing organised last week in the Parliament judicial affairs committee (see EUROPE 12046), notably, that of guaranteeing the availability of a digital solution throughout the life cycle of a business, as well as thoroughgoing inspections of ID cards and the involvement of notaries.
Markus J. Beyrer, the director-general of BusinessEurope, said that although these proposals were good basis, they will also prove complicated because company law is anchored in old legal traditions and they will need to see how this can be “reasonably” accomplished.
Commissioner Jourová welcomed the first positive reactions and concluded that “We rely a lot on the Austrian Presidency”. She highlighted her determination to conclude negotiations on these texts before the end of the current European Parliament mandate. (Original version in French by Marion Fontana)