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3 Some Thoughts on the Impact of Fundamental Rights on Dutch Company Law

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Chapter Summary

Last year, an official report came out in the Netherlands advocating a more liberal and more flexible company law. The Dutch legislator is currently implementing some of the ideas suggested in the report. The Dutch Ministry of Justice has in the meantime issued two consultation papers containing a draft Bill that will make the Dutch law on private companies indeed less mandatory. On two occasions, the European Court of Human Rights ruled in 2002 that shares in a company fell under the protection of the fundamental right of ownership. According to the Court, shares are an economic position worthy of the protection offered by Article 1 of the First Protocol to the European Human Rights Convention. This chapter makes some comments on this subject. It also discusses: Dutch company law is increasingly shaped by the courts in contentious proceedings. This is referred to as the "proceduralisation of company law".

Keywords: Dutch company law; European Court of Human Rights; European Human Rights Convention; fundamental right



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