Consensus on the Comply or Explain principle (IVOR nr. 86) 2012/1.4:1.4 Research questions

Consensus on the Comply or Explain principle (IVOR nr. 86) 2012/1.4

1.4 Research questions

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The above prologue to this research shows that the European corporate governance and the comply or explain principle are subject to discussion and new developments. More research as performed in this study is necessary to analyse and be prepared for the ongoing developments, as well as to contribute to the discussion about a common understanding of the principle's scope and its most effective form. Therefore, the research questions of this study can be formulated as:

1.

Which is the theoretical framework of corporate governance and the comply or explain principle as currently regulated and acknowledged within the EU? (Chapter 2)

2.

How should corporate governance codes and the comply or explain principle be qualified legally and in what manner is it believed that cultural patterns influence the application of the principle? (Chapter 3)

3.

What is, based upon comparative legal analysis, the layout of the comply or explain principle as embedded in the corporate governance systems of five Member States and does a common understanding of the principle's scope and its most effective form currently exist within the EU? (Chapter 4)

4.

As analysed by comparative empirical research of five Member States: how has the comply or explain principle been applied in practice within the EU in recent years and to what extent is convergence visible in regulation and application? (Chapter 5)

5.

What recommendations can be drawn from the legal and empirical comparative research performed regarding the conditions that are necessary for the comply or explain principle to work adequately? (Chapter 6)

The above questions can all be combined in one central research question:

As concluded from legal and empirical comparative research and whilst arguing for a 'one size does not fit all' approach and 'made to measure' code compliance: how can a common understanding of the comply or explain principle's scope and its most effective form be reached within the EU corporate governance framework?

The above research questions will be answered with the help of theoretical research as well as empirical research based on five EU countries (Belgium, Germany, Italy, the Netherlands and the United Kingdom). The following sections give a detailed explanation of the methodologies used to find an answer to the research questions above and how the questions are related to one another.

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