Abstract
This paper critically evaluates the arguments proposed by Cheffins and Reddy in their recent article, advocating for the abolition of the UK Corporate Governance Code with the promise of substantial benefits to the market. The exploration primarily delves into the potential ramifications of such a proposal on other European jurisdictions, where Codes of corporate governance hold significant sway in the corporate domain, reflecting a spectrum of legal and cultural traditions. While the article under scrutiny is geographically confined to the United Kingdom, the ramifications of such a proposal extend far beyond, resonating deeply with the pervasive influence of the UK Code of Corporate Governance even within continental Europe, urging a comprehensive examination.The analysis begins by revisiting the arguments advanced by the authors and scrutinizing them in light of the Continental European context. This examination reveals several concerns that necessitate attention. We contend that despite geographic limitations, the Code serves as a valuable and adaptable instrument for fostering accountability, transparency, and innovation in markets transcending borders and jurisdictions. Its continued relevance is underscored by its utility in addressing emergent issues and governance challenges, particularly in the realm of ESG and auditing. Consequently, the proposition of its abolition carries significant drawbacks for both companies and investors alike. In conclusion, we assert that European jurisdictions should not dismiss Codes of corporate governance outright, but rather advocate for their refinement and adaptation to the evolving imperatives of the globalized 130economy. Such an approach is deemed imperative to maintain and enhance corporate governance standards, thereby ensuring the continued integrity and efficiency of European markets.
Note
While the considerations presented in this paper are collectively shared, the specific content is attributed as follows: Piergaetano Marchetti contributed paragraphs IV-VIII, Maria Lucia Passador authored paragraphs II, IX-XII, and paragraphs I and III represent a collaborative effort between both authors.The insights presented in this article owe much to the valuable contributions of Professor Christoph Teichmann and the external reviewers, for their comments and suggestions.Prior iterations of this paper were disseminated under the working title “Thirty Years and Far from Being Done – Is It Truly Time to Abolish the UK Corporate Governance Code?”
© 2024 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Frontmatter
- From London to the Continent: Rethinking Corporate Governance Codes in Europe
- Traditional and Digital Limits of Collective Investment Schemes
- The Sanctions Principles-Based Regulation: A Blueprint for a New Approach for the EU Sanctions Policy (Part I)
- Tax Reforms and the Decline of the London Stock Market: The Untold Story
Articles in the same Issue
- Frontmatter
- Frontmatter
- From London to the Continent: Rethinking Corporate Governance Codes in Europe
- Traditional and Digital Limits of Collective Investment Schemes
- The Sanctions Principles-Based Regulation: A Blueprint for a New Approach for the EU Sanctions Policy (Part I)
- Tax Reforms and the Decline of the London Stock Market: The Untold Story