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  3. EC Regulation of Corporate Governance
  • Cited by 30
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    • Publisher:
      Cambridge University Press
      Publication date:
      04 August 2010
      03 December 2009
      ISBN:
      9780511770753
      9780521876674
      DOI:
      https://doi.org/10.1017/CBO9780511770753
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.79kg, 418 Pages
      Dimensions:
      Weight & Pages:
      • Subjects:
      Corporate Law, Law, Private Law
      Series:
      International Corporate Law and Financial Market Regulation
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    • Selected: Digital
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    Subjects:
    Corporate Law, Law, Private Law
    Series:
    International Corporate Law and Financial Market Regulation
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    Book description

    Andrew Johnston examines EC regulation of national corporate governance systems through the lenses of economic theory and reflexive governance. By contrasting the normative demands of the neoclassical 'agency' model with those of the productive coalition model, he shows how their incompatibility required political compromise. Reflexive governance theory is then used to explain how progress has been possible. Through detailed analysis of both case law and positive regulation, the author highlights the move from positive to negative integration; the benefits as well as the limits of regulatory competition; and the significant role of reflexive techniques in both preventing market failure and enabling positive integration to proceed. The workable compromise that has emerged between market integration and continued regulatory diversity at national level demonstrates that procedural regulation can steer autonomous social subsystems towards greater responsibility and a better articulation of the public good.

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