CO-DETERMINATION POLITICS ON COMMERCIAL COMPANIES IN ALBANIA: A COMPARATIVE STUDY
This paper focuses on understanding the role that stakeholders, especially, employees have in a company and corporate governance implications. Currently, human capital, embodied to employees, has become very fast the most important source of corporate value. This study makes an overview of the current situation in Albania, analyzing legal provisions and relevant international literature on this issue. The trends of the result for decision-making in the Albanian companies show a low level of participation of stakeholders, particularly employees. This study is based on a comparison between American common law system, supporters of the shareholders and the German civil law system, supportive of stakeholders. Here, is apparently stated the need to embrace the second system. Recent developments of American companies and the financial crisis are reasons which brought us to this conclusion. The German practice also, shows clearly that corporate social responsibility is the key to success, if it adapts to different historical, legal and cultural contexts.
Baums, T. (2000). General Meetings in Listed Companies - New Challenges and Opportunities. Retrieved from Institute for Banking Law, Goethe Universitat in Frankfurt, March 26, 2013, from http://www.oecd.org/daf/ca/corporategovernanceprinciples/1931816.pdf
Bello, H. (2012). Audition of Corporate Social Responsibility in the Banking system of Albania. The Banker Magazine, Vol. 6, p. 28-29. Retrieved April 8, 2013 from http://www.aab.al/bankieri/6/Bankieri_6_alb.pdf3
Cioffi, W. J. & Berle, A. (2005). Corporate Governance Reform, Regulatory Politics, and the Foundations of Finance Capitalism, in the United States and Germany. The Center for Law and Economic Studies, Vol. 304, p. 1-82. Retrieved March 13, 2013, from http://ssrn.com/abstract=830065
Freeman, E. (1994). The Politics of Stakeholder Theory: Some Future Directions. Business Ethics Quarterly, 4 (4), p. 4.
Gorezi, A. & Kononov, O. (in press). The Directive on Shareholder Rights; A Critical View. Berkeley Business Law Journal.
Gorezi, A. (2011). Shareholder Rights, Executive Compensation and Shareholder Protection: A Comparative Overview of United States of America and chosen European Union Jurisdictions. Available at CEU, Electronic Theses and Dissertations Collection, (p. 46-72).
Keay, A. (2010). Moving towards stakeholderism? Constituency statutes, enlightened shareholder value, and all that: Much Ado About Little? Available at Centre for Business Law and Practice School of Law, University of Leeds. (p. 1-57). Retrieved from http://ssrn.com/abstract=1530990
Hopt, J. K. & Leyens, C. P. (2004). Board Models in Europe. Recent Developments of Internal Corporate Governance Structures in Germany, The United Kingdom, France and Italy. ECGI, Vol. 18, p. 5-30. Retrieved from http://ssrn.com/abstract=487944T
Malltezi, A. (2011). E Drejta Shqiptare e Shoqerive Tregtare [Albanian Commercial Law]. (Vol. 1, p. 126-154). Tirane, Albania: Media Print.
Ministry Of Economy, Trade and Energy of Albania. (2012). Law No.9723, date 03.05.2007, Për Qendrën Kombëtare të Regjistrimit [On the National Registration Center]. Retrieved May 18, 2013, from http://18.104.22.168/pls/kuv/f?p=201:Ligj:9723:03.05.2007
Ministry Of Economy, Trade and Energy of Albania. (2011). Law No. 9901, date 14.07.2008, Për tregtarët dhe Shoqëritë Trgetare [On entrepreneurs and Commercial companies]. Retrieved May 21, 2013 from http://22.214.171.124/pls/kuv/f?p=201:Ligj:9901:14.04.2008
Ministry Of Economy, Trade and Energy of Albania. (2008). Law No. 7512, date 10.08.1991, Për sanksionimin dhe mbrojtjen e pronës private dhe iniciativës së lirë, veprimtarisë private dhe privatizimeve [On the sanction and protection of private property and free initiative, independent private activities and privatization]. Retrieved May 19, 2013, from http://126.96.36.199/pls/kuv/f?p=201:Ligj:7512:10.08.1991
Ministry Of Economy, Trade and Energy of Albania. (2008). Law No.7638, date 19.11.1992, Pwr shoqwritw tregtare [On Commercial Companies]. Retrieved May 23, 2013, from http://188.8.131.52/pls/kuv/f?p=201:Ligj:7638:19.11.1992
Nunnenkamp, P. (1995). The German model of corporate governance: Basic features, critical issues, and applicability to transition economies. ECONSTOR, Vol.7, 5-18. Retrieved from http://hdl.handle.net/10419/855
OECD. (2004). OECD Principles of Corporate Governance. Retrieved April 29, 2013, from http://www.oecd.org/corporate/ca/corporategovernanceprinciples/31557724.pdf
Pajuste, A. (2002). Corporate Governance and Stock Market Performance in Central and Eastern Europe: A study of nine countries, 1994-2001. Centre for the Study of Economic Social Change in Europe, Vol. 22, p. 2-33. Retrieved from http://ssrn.com/abstract=310419
Stillo, S. & Laci, S. (2008). Corporate governance in transition economies. Economies and Business Magazine, Vol. 1, p. 117-128.
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