Το νομικό καθεστώς των αγροτικών συνεταιρισμών στην Ελλάδα και την Ευρωπαϊκή Ένωση: ιδίως όσον αφορά τη διοίκηση και τη συμμετοχή των εργαζομένων στη διαδικασία λήψης των αποφάσεων
Γεωργικοί συνεταιρισμοί -- Ελλάδα Γεωργικοί συνεταιρισμοί -- Ευρωπαϊκή Ένωση, Χώρες της Farm corporations -- Greece Farm corporations -- European Union Countries
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Throughout the world, cooperatives constitute a basic institution of economic and social development of the financial sector and the basic body through which the agricultural population exercises its financial activity. Cooperatives emerged in a period of great upheaval and needs of the agricultural population, in a time when there was a lack of other instruments and institutions. In the conference in Manchester (September 1995), the principles governing the cooperatives’ profile, according to which they implement their values, were laid down. These are: the voluntary and free participation, democratic administration by the members, the members’ financial contribution, autonomy and independence, education, practical training and information, cooperation between cooperatives and, finally, interest in the local community.In all member states, state intervention in the agricultural cooperatives sector is carried out through legislation, supervision and agricultural credit. In Greece, a series of laws, starting with law 602/1915 and leading to law 2810/2000 on “Agricultural cooperative organizations” as it was amended by laws 3147/2003 and 3399/2005 have tried to resolve the agricultural cooperative movement’s problems, most of the time unsuccessfully.In a European level, no uniform institutional framework exists. All measures set down by the European Union for the development of producers’ groups and their unions are also valid for agricultural cooperatives. Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE) was the answer to the need of adjusting agricultural cooperatives to a rapidly changing financial and social environment with intergovernmental agreements. By this action, the EU created the framework that will apply to cooperative societies extending in more than one country, without substituting national legislations.The cooperative’s administrative body consists of people elected by the associates themselves, coming exclusively from the cooperative and managing the cooperative’s affairs with the aim of serving the common interest, which is a combination of the interests of each associate. According to the late law 2810/2000, agricultural cooperatives only recognize two (collective) organs to manage their affairs, the General Meeting and the Board of Directors. For the first time, no Supervisory Council is included. The control of management order legality is conducted by specialized organs. There are two main systems of cooperative management stipulated in the statute of the European Cooperative Society: the two-tier and the one-tier system. In the two-tier system there is a general meeting of members, a supervisory organ and a management organ. In the one-tier system there is an administrative organ (board of directors) responsible for administrating the SCE and representing it in dealings with third parties.Regulation 1435/2003 provides that a European Cooperative cannot be formed without a kind of involvement of employees in the decision-making process in Board of Directors level. Relevant measures are provided for in the Council Directive 2003/72/EC of 22July 2003 “ supplementing the Statute for a European Cooperative Society”, to which member states had to adjust their legislation until 18 August 2006 the latest. And still, in Greece no relevant regulation exists.The modernization of the institutional framework governing cooperatives and the introduction of (minority) involvement of employees in the affairs of cooperatives is thus necessary, so as to provide them with the possibility of taking part in decision-making, capital formation and the possession of shares and votes. An administrative organ consisting of the capital-owners and employees will handle in a way better for the individual the mechanism and potential of the big enterprises. The administration should seek the constant participation of its members to the cooperation’s procedures and perceive participation as a helping activity and not as a concession of its competences or as a weakening of its power. Administrating the cooperative is not a power, but rather the assignment of a promotion and coordination role to individuals that are trusted by the majority of members to express their will.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Ιδιωτικό Δίκαιο, 2006