The UvA Amsterdam Center for Law & Economics (ACLE), and the VU Department of Criminal Law and Criminology cordially invite you to a seminar session with DR. JUDITH VAN ERP
Abstract
Regularly, corporations or semi-state controlled organisations experience serious financial damage or even collapse as a result of mismanagement. A recurrent question is how to take action against executives or internal or external supervisors responsible for this mismanagement. One of the instruments available is the internal liability of executives and internal supervisors ex article 2:9 BW, which enables corporations to claim financial damage from their former directors or supervisors. The impression is that relatively few 2:9 procedures have been started, which leads to the assumption that executives responsible for mismanagement ‘get away with it’ easily.
The current research project investigated possible reasons for not holding executives and board members internally liable for the damage caused by the improper performance of their duties, in cases where there was sufficient ground to do so. We investigated 11 cases both in the private and semi-state controlled sector where liability procedures have been initiated or where such a course of action was possible, but was decided against. Our research gives insight in actions behind the screens and in the shadow of the law taken against former executives, even when a formal 2:9 procedure is not started. It also informs about the motives of organizations to start and refrain from a formal procedure, which leads to a better understanding of the meaning and relevance of law in corporations in severe financial distress.
* See http://www.wodc.nl/onderzoeksdatabase/aansprakelijk-stellen-bestuurders-voor-financieel-wanbeleid.aspx?cp=44&cs=6796 for the relevant research publication for this seminar.
About the Speaker
Dr. Judith van Erp is associate professor in Criminology at Erasmus School of Law. Her research addresses regulation of corporate behavior, corporate compliance and corporate crime, and in particular, the intersection of various public and private modes of regulation and governance. In 2007, she received a NWO Talent Grant (VENI) to conduct a three year research project on naming and shaming in the Dutch financial market. Recent research projects include the evaluation of the Dutch Consumer protection law; an investigation of the use of director liability claims by corporations, a criminal case analysis at the Dutch environmental protection agency, and research into the compliance motivations of health care organizations in the field of competition law. Click here to view Dr. Judith van Erp’s publications.
Date:
Tuesday, 29 May 2012
Time: 15.00 – 16.00
Location: Universiteit van Amsterdam | UvA
Faculteit der Rechtsgeleerdheid | Amsterdam Law School
Oudemanhuispoort 4-6
1012 CN Amsterdam
Room no.: A 2.08
Information: Prof. Dr. Benjamin van Rooij | b.vanrooij@uva.nl
Compliance and Enforcement Seminar Series
This Spring of 2012, the Amsterdam Center for Law & Economics (ACLE) and the VU Department of Criminal Law and Criminology organize a special seminar series dedicated to the study of Compliance and Enforcement. This series offers presentations of state of the art research on how legal and social norms shape behavior. It thus studies compliance and enforcement in the broadest sense, offering the latest insights from behavioral economics, social psychology, law and economics, political science, criminology, and anthropology. The approach in these seminar sessions will also be comparative, discussing compliance and behavior both in the context of Europe, the US, Asia, and Latin America. Sessions are (generally) organized twice every month on Tuesdays from 15.00 - 16.00 at the Faculty of Law of the University of Amsterdam. The meetings are open to students, academics and practitioners with an interest in the topics discussed and a willingness to participate in lively debates.
Seminar Program
February-21 Tom van Engers Compliance Monitoring and Law Enforcement
in a Networked Society
March-13 Jeroen van de Ven Can Observers Predict Trustworthiness?
March-20 Lesley McAllister Co-Regulation in Mexican Environmental Law
April-10 Karin van Wingerde Beyond Deterrence: Punishment, Deterrence, and Compliance in the Dutch Waste Industry
April-24 Jean-Louis
van Gelder Traits and States: Integrating Personality and Affect into a Model of Criminal Decision Making
May-21 Vibeke Lehmann Nielsen Business Compliance - Motivation and Capacity. Learnings from an Australian Research Project
May-29 Judith van Erp Director's Liability: An Effective Instrument for Compliance?
June-12 Wim Huisman & Adriaan Denkers Corporate Culture and Regulatory Compliance
For more information and updates about the seminar sessions, please check
http://www.jur.uva.nl/nclc/news.cfm
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