Study-Unit Description

Study-Unit Description


CODE ECL5117

 
TITLE European and Comparative Company Law

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 10

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION The study-unit covers, with comparative analysis, the harmonization of national company laws in the European Union. It also covers major unharmonized areas of company law in the EU. Theoretical and practical comparisons are made between national legal systems. The relevant Treaty provisions as well as the main Regulations and Directives and legislative proposals are covered. These include the First, Second, Fourth, Draft Fifth, Seventh, Tenth, Eleventh, Twelfth and Thirteenth Directives and the Regulations on the EEIG, the European Company and Insolvency.

Study-Unit Aims:

The aim is to present a full picture of the European Union’s company law harmonization programme and of the fundamental legal and cultural differences which continue to separate national company law systems. Emphasis is also placed throughout the study-unit on the practical aspects of the law. This prepares students to find a niche very quickly in legal practice in the area or alternatively to pursue further academic specialization in European and Comparative Company law.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

- describe the present state of European company law harmonization and regulation;
- explain the relationship between European law and national law;
- demonstrate the deep theoretical knowledge acquired through the academic literature, good comparative law skills through the material on a number of national company law regimes, and a thorough knowledge of the issues that arise in practice within the field;
- explain the background to EU Company Law, and its roots in different company law traditions;
- identify the work in progress in this field at European and national level.

2. Skills:
By the end of the study-unit the student will be able to:

- apply the actual EU Regulations and Directives in Company Law;
- analyse the interpretation of company law measures by the Court of Justice of the European Union;
- assess proper interpretation and application of national company law;
- appraise the principal issues still outstanding as relate to the freedom of establishment of companies, and also as to company law itself;
- analyse how company law works at the theoretical and also the practical level.

Main Text/s and any supplementary readings:

Main Texts:

- Nicola de Luca, European Company Law Text Cases and Materials, 2021, Cambridge.
- Andrea Vicari, European Company Law, De Gruyter (2021).
- Stefan Grundman, European Company Law: Organization, Finance & Capital Markets, (2nd Edition) 2012, Intersentia.
- C. Gerner-Beuerle and M. Schillig, Comparative Company Law, CUP (2019).
- M. Andenas and F Wooldridge, European Comparative Company Law, 2009, CUP.
- Vanessa Edwards, EC Company Law (Oxford Law Library) [latest edition].
- G.Ferarini et al, Reforming Company and Takeover Law in Europe (Oxford, 2004).

NB Detailed reading lists will be supplied or indicated for each seminar.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (3 Hours) SEM2 Yes 100%

 
LECTURER/S Jelena Agranovska
Bernice Buttigieg
David Fabri
Ruth Vella Falzon

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit