Bibliographie sélective OHADA

This thesis concerns the recent and considerable change in corporate governance legislation, specifically how boards of directors address the issue of parity and the appointment of its members in public limited companies. This research will challenge European Union law which, to date, does not propose EU harmonization.The UK, France, Germany and Norway (a non-member country but one that will be included in this research) have introduced changes to their national legislation in relation to company boards in public listed companies. This research will focus on a comparative study of parity on company boards under European Union law and its application in the UK (pre-Brexit), Germany, France and Norway. The application of corporate governance codes or soft law and the proposal for a hard law directive demonstrate a fragmentation in the EU, as the application of law by hard quotas divides member states and parliamentarians in European Union law. Corporate governance law in the member states varies considerably, but it must respect the EU's primacy law. Comparisons of legislation between member states reveal the marked differences in law.Women are significantly under-represented on the corporate boards of public limited companies in Europe. Legitimate questions need to be asked. Does the European Commission have the right to make a proposal for a directive allowing for parity on the boards of public limited companies in the EU? The reality is that the Commission does not have a solid approach in dealing with the issue of parity. As long as there is too much inconsistency between Member States, this leaves considerable room for further research. Legislation and governance law between member EU member states diverge considerably and demonstrate inconsistency with the legislation between them, resulting in little or no consensus in the interpretation of EU law. Or member states diverge with opposing interpretations of EU law, especially concerning sovereignty.National legal systems differ considerably in the way legislation allows for the appointment of board members and the notion of parity. A review of corporate governance matters concerning shareholders, the composition and appointment of board members corporate governance codes reveal the gap between member states. The research focus on parity by way of a comparison of the soft and hard laws of the member states.. The research upholds European law Article 157(3) Treaty of the Functioning on the European Union (TFEU), which is the fundamental principle of EU law and basis of gender equality and parity.The research will contribute to raising awareness of this issue through quota legislation and the question of parity on boards in public limited companies in the EU.

Issue: 2022UPASH012