Uprawnienia dyrektorów wykonawczych w zakresie prowadzenia spraw i reprezentacji spółki europejskiej
Powers of executive directors in managing the affairs and representing the European company

Summary/Abstract: The article aims to systematize the concepts related to determining the position and legal nature of executive directors in the monistic model of managing a European company, as well as the scope of powers granted to them by the legislator. It is also necessary to consider whether the governing board has the power to extend the competencies of non-delegated directors. In addition to analyzing the literature on the subject, it will be helpful to answer the above-mentioned issues to consider whether, and if so, which provisions regulating the activities of directors in a simple joint-stock company to enter into force on July 1, 2021, could be applied under the European Company Act. The analysis also requires an assessment of the legal status of non-executive directors in a European company that control the activities of executive directors. The implementation of the aforementioned goals will allow for de lege ferenda postulates, allowing to improve the functioning of executive directors in European companies with a monistic management model. The legal considerations made allowed for the conclusion that despite the lack of legal regulations regarding the possibility of extending the scope of the powers delegated to executive directors, no premises are precluding the exercise of this possibility. This solution may be introduced under the content of the statutory provisions of a European company or a power of attorney because no provision of Polish legislation excludes expressis verbis this possibility.

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