Shareholders’ rights protection after Brexit: Hic sunt leones?

Corgatelli, Michele (2021) Shareholders’ rights protection after Brexit: Hic sunt leones? LL.M(R) thesis, University of Glasgow.

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Abstract

In the European Union, the rights of shareholders of listed companies have been strengthened in the last decades, in several instances at the national level, but also by means of EU law. Today, the United Kingdom – the shareholder-centric Member State par excellence – is no longer part of the Union. Some authors have claimed that this may lead to a new dominance of the German stakeholder-oriented model in further corporate law harmonisation. Conversely, this dissertation, investigating whether Britain’s departure endangers the pathway towards the empowerment of shareholders, concludes that it is likely that the strands of convergence towards higher levels of shareholders’ rights will continue to unfold in the long run, unaltered by Brexit. In particular, this dissertation studies the influence of the ‘UK benchmark’ – a comparative example for lawmakers – on two past patterns of convergence towards higher levels of shareholders’ rights in the European Union: on a ‘horizontal’ level, their autonomous enhancement by Member States, and on a ‘vertical’ level, their harmonisation promoted by the European Commission. The projection of these trajectories into the aftermath of Brexit allows to assess the likeliness of various scenarios and explore the rationale behind different policy choices related to shareholders’ rights.

Item Type: Thesis (LL.M(R))
Qualification Level: Masters
Colleges/Schools: College of Social Sciences > School of Law
Supervisor's Name: Sergakis, Professor Konstantinos
Date of Award: 2021
Depositing User: Theses Team
Unique ID: glathesis:2021-82695
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 11 Feb 2022 13:44
Last Modified: 18 Nov 2022 10:47
Thesis DOI: 10.5525/gla.thesis.82695
URI: https://theses.gla.ac.uk/id/eprint/82695

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