Dynamics in the Dutch policy advisory system: externalization,politicization and the legacy of pillarization

Although the literature on policy advisory systems has experienced a revival in recent years, its empirical focus has mainly been on Anglophone countries (Craft and Halligan 2016). This paper applies the policy advisory systems approach to the Netherlands, which can serve as an example of the dynamics in the policy advisory systems of consensus-driven, neo-corporatist polities Lijphart in Patterns of Democracy: Government Forms and Performance in Thirty-Six Countries, 21, 235–266 1999). Using a historical-institutionalist perspective, the dynamics of the Dutch policy advisory system from the mid-1960s to the present day are examined. Based on original cross-time survey data and an analysis of secondary sources, the impact of depillarization (mid-1960s–mid-1990s), new public management (mid-1980s onwards) and an increased pressure on the executive have had for the Dutch policy advisory system (from the late 1990s): fragmentation, externalization and a non-partisan brand of politicization are shown. More specifically, the use of the institutionalized system of permanent advisory councils has lost part of its significance in favour of both external consultants and ad hoc advisory committees. The Dutch case, with its accumulative institutional design based on Weberianism, neo-corporatism and new public management elements, has thus experienced markedly different dynamics in its policy advice system than the Anglophone countries.     

Foundation Ownership and Financial Performance: Do Companies Need Owners?

A curious ownership structure is found in Northern Europe—foundations that own and operate business companies. The foundations are non-profit entities, they have no members and no owners, and they cannot be dissolved. In many cases, these entities control more than 50% of the votes in successful international companies. Obviously, this structure completely blocks the market for corporate control, but it also violates other basic principles of agency theory and corporate finance. Nevertheless, we present evidence that a sample of foundation-owned companies listed on the Copenhagen Stock Exchange are at least as efficient as other listed companies in terms of risk adjusted stock returns, accounting returns and Tobins Q. Thus, they question whether profit-seeking ownership is a necessary condition for competitive enterprise.JEL Classification: D23, G34, L31     

The relationship between corporate governance characteristics and credit risk exposure in banks: implications for financial regulation

This article analyses board structures in listed Danish banks in the years prior to the financial crisis by exploring the relationship between corporate governance characteristics and credit risk exposure. The article presents a novel approach as it relies on a newly developed risk metric entitled the “Supervision Diamond” introduced by the Danish FSA, which “external” board directors must address. It contains five thresholds for measuring a bank’s exposure to credit risks i.e. the proportion of large customers, lending growth, the ratio of lending/deposits, liquidity buffer and the proportion of real estate loans. By employing quantitative governance variables the article finds that increased executive director remuneration is associated with increased credit risk posed by the bank’s borrowers. On the other hand, increasing the number of executive/“inside” directors is associated with a lower credit risk exposure. It is argued that more “inside” directors on the executive board constitutes a stronger “checks and balance” system. The article also documents that the probability of obtaining state capital from the Danish credit bailout package is negatively related to larger boards as well as higher executive director remuneration. The policy implication is that financial authorities should be increasingly aware of insufficient corporate governance characteristics in order to prevent excessive credit risk exposure. Moreover, the article provides important insights on which corporate governance variables have a significant impact on a bank’s credit risk exposure. This knowledge is valuable for financial authorities/policy makers considering future regulatory initiatives and how they should administer bank monitoring.     

7. Speyerer Planungsrechtstage und Luftverkehrsrechtstag

Ohne Zusammenfassung     

Coalition formation on major policy dimensions: The Council of the European Union 1998 to 2004

Using data of contested decisions in the Council of the European Union, combined with data on the position of member states on the left-right and support for European integration dimensions, this paper provides an overview of winning coalitions formed in the council in the 1998 to 2004 time span. It shows distance between the combined policy positions of winning coalitions to individual EU states within these coalitions and demonstrates that most winning coalitions in the Council have a large combined voting weight, minimal winning coalitions are rare, and ideological connectedness plays a much smaller role than expected.     

Director’s liability and investor protection: a law and finance perspective

This article conducts an analysis of director’s liability in listed firms using modern finance theory. The paper describes how the use of special general clauses in Danish law regulates director’s liability. It is shown how risk and return combinations may assist in determining whether management has violated the business judgment rule. The analysis shows that this legal doctrine is optimal from an economic perspective. The article introduces the concept of “temporal relatively of the shareholder equality principle” which can be used to determine whether the interests of minority shareholders have been set aside. It is shown that the principle of shareholder equality must be subjected to both an ex ante, as well as an ex post assessment. Moreover, courts should be reluctant to interfere in situations where there has been an unequal distribution of gain (or loss) ex post. The theoretical arguments are illustrated by analyzing a leading Danish court case that involved the squeeze out of minority shareholders in the Danish telecom company. The paper also analyzes the incentive effects of derivate suits and suits commenced by individual shareholders. It is shown that the former creates a free rider problem whereas in the latter situation, shareholders are not fully able to internalize their externalities.