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This article provides an overview of board-level representation in Europe, including at the EU and national levels. It discusses the various perspectives and mechanisms involved, highlighting the significance of existing power structures and the need for negotiation. While there is no specific EU law on board-level representation, the article emphasizes the importance of promoting negotiation methods and protecting existing rights. The varying rights and connections with business structures and underlying cultures are explored, highlighting the challenge of legal transplants. The article also addresses actions, sanctions, and tools for protection, emphasizing the goal of improving the quality of board-level representation in Europe.
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Board-level representation in europe– an overview Natalie Videbaek Munkholm Associate professor, PhD Aarhus University, Denmark
EU level • National overview • Discussion of certain perspectives • No material EU-law • 2/3 of EU/EEA states have rights – the mechanisms vary significantly • Connects to existing power structures • Dependent on ’milieu’ • A right on its own • Quality improvement Who sits on the board?
Must be settled Negotiation Before and after
19 31 5 12
25-50 100-300 500-2000 (5000)
1/2 1/4 1/3 1/5 1 seat 2/3 seats
1/3 500 1/2 2000 1/2 1000
No material EU law - but promotes method of negotiation and protects existing rights • 2/3 of EU/EEA states have material right • The rights vary considerably
Connects with business structures and underlying cultures of dialogue and cooperation • Connects with existing power structures • Makes legal ‘transplants’ a challenge • Essential to make a good ’fit’
Topics • Actions • Sanctions
Tools • Protections
No material EU-law • 2/3 of EU/EEA states have rights – the mechanisms vary significantly • Connected to existing structures • Dependant on existing ’milieu’ • A right on its own • Improve the quality