The Agricultural Cooperative in the Framework of the European Cooperative Society (Discussing and Comparing Issues of Cooperative Governance and Finance in Italy and Austria) ||

This book assesses the Statute for a European Cooperative Society (SCE) regarding agricultural activities by comparing how specific questions arising in this context must be dealt with under the Italian and Austrian legal systems. In this regard, Council Regulation (EC) No. 1435/2003, of 22 July 2003, on the Statute for a European Cooperative Society (SCE), is used as a tool for the structured analysis of various aspects of agricultural cooperatives. However, a comparison is only meaningful if the results are made comparable on the basis of a previously defined standard. Accordingly, the study uses, on one hand, a cooperative model developed by European legal scholars that defines general guidelines on how cooperatives should function (PECOL). On the other, the results are presented in connection with economic considerations to discuss how efficient rules can be developed. Preface References Contents Chapter 1: Research Background 1.1 Aim of This Study 1.2 About Comparing Agricultural and Cooperative Law: Issues of Method 1.2.1 About Comparative Law 1.2.2 About Agricultural Law 1.2.3 About Cooperative Law 1.2.4 Comparative Law: Limits of This Method 1.3 How Can Law Be Considered from an Economic Perspective? 1.3.1 `Economic Analysis of Law ́ in a Nutshell 1.3.2 On the Nexus of Contracts and Costs 1.3.3 Specific Observations on the Cooperatives ́ Economic Functioning References Part I: The European Cooperative Society (SCE) and Agricultural Cooperatives Chapter 2: Introducing the SCE 2.1 Cooperation and Cooperatives: From the Equitable Pioneers of Rochdale to the International Cooperative Alliance 2.2 The Historical Development of the SCE-R 2.3 Council Regulation (EC) N. 1435/2003 Establishing the Statute for a European Cooperative Society (SCE) 2.4 The Legal Framework for a National SCE: Which Laws Should Be Applied and How? 2.5 First Considerations on the Application of Reg. 1435/2003 in Austria and Italy ́s Legal Systems References Chapter 3: Defining Agricultural SCEs with Several Steps 3.1 Introduction 3.2 Explaining the Notion of a Cooperative as Expressed in Reg. 1435/2003 and in Italian and Austrian Legislation 3.3 The Agricultural Cooperative and the SCE 3.3.1 How to Create an Agricultural Cooperative as SCE: The Italian Approach 3.3.2 Continues: The Austrian Approach 3.3.3 The European Definition of Agriculture: A Platform for Discussing National Solutions for Agricultural Cooperatives 3.3.4 European Producer Organisations as Entities Created by Farmers and Agricultural Food Producers in the Legal Form of a Co... 3.4 Insights on the Topic of the Agricultural Cooperative as SCE: On Members ́ Involvement 3.4.1 The Principle of Double Quality of Cooperative ́s Members and Its Exemptions Under Reg. 1425/2003 and the Italian and Aus... 3.4.2 The Membership Base as a Determining Factor When Defining an Agricultural Cooperative and an Agricultural SCE 3.5 An Economic Understanding of Agricultural Cooperatives: Benefits and Costs 3.5.1 Setting the Stage: Agricultural Cooperatives in Economic Theory 3.5.2 The Agricultural SCE from an Economic Perspective: Evaluation of the Key Aspects 3.6 Cross-Border Activities as a Prerequisite for the Establishment of the SCE 3.6.1 The Principle of Multi Nationality 3.6.2 How to Conceive Cross-Border Activities in the Three Types of Agricultural Cooperatives References Part II: Analysing Some Specific SCE Issues Comparing Relevant Italian and Austrian Legal Rules Chapter 4: Issues Concerning the Governance of SCEs 4.1 Introduction 4.2 The Two-Tier System 4.2.1 The Management Organ 4.2.1.1 Function 1: Managing the SCE 4.2.1.2 Function 2: Representing the SCE 4.2.1.3 Composition of the Management Organ 4.2.1.4 Appointment and Removal of Members of the Management Organ 4.2.1.5 Internal Organisation of the Management Organ 4.2.1.6 Civil Liability 4.2.2 The Supervisory Organ 4.2.2.1 Functions 4.2.2.2 Composition of the Supervisory Organ 4.2.2.3 The Appointment and Removal of Members 4.2.2.4 The Internal Organisation of the Supervisory Organ 4.2.2.5 Civil Liability 4.2.3 The Two-Tier System from an Economic Perspective 4.3 The One-Tier System 4.3.1 Functions 4.3.2 The Composition of the Organ 4.3.3 The Appointment and Removal of the Members of the Administrative Organ 4.3.4 The Internal Organisation of the Administrative Organ 4.3.5 Civil Liability 4.3.6 The One-Tier System from an Economic Perspective 4.4 The General Meeting 4.4.1 Competence 4.4.2 Preparing the General Meeting 4.4.3 The Conduct of the General Meeting 4.4.4 Decision Making I: Quorums, Voting Rights and Proxy Voting 4.4.5 Decision Making II: Voting Procedure and Majorities 4.4.6 The General Meeting from an Economic Perspective References Chapter 5: Issues About Financing SCEs 5.1 Introduction 5.2 Capital 5.3 The Allocation of Profits 5.4 Financial Entitlements During Resignation or Expulsion 5.5 Financial Entitlements During Dissolution 5.6 The Economic Perspective References Part III: One Agricultural SCE or Many Agricultural SCEs? Chapter 6: Final Remarks References