Auditor independence in economies in transition: a study of Russia

The independence of auditors is regarded as key to their credibility as external verifiers of external financial statements. The requirement for external auditors to be independent of their clients when undertaking an audit is enshrined in the International Federation of Accountants' (IFAC) Code of Ethics and in the European Union's Eighth Directive. In the IFAC code this requirement is translated into various situations where observance of certain rules should ensure independence. As the countries of Central Europe and the former Soviet Union have drafted and implemented new laws on external audit, some of these auditor independence rules have been included in the new laws and codes of professional practice. Yet the rationale for the inclusion of these rules is not always clear, particularly given the different cultural and business contexts. In this paper, the authors have identified the auditor independence rule requirements that have been implemented into the laws and codes of practice in Russia. These requirements are then analysed against the economic, social and historic background in Russia, based to a large extent on interviews with auditors, enterprise management and users of financial statements, to generate questions about the efficacy of the auditor independence rules. This should provide relevant input to international and national bodies concerned with the drafting of rules relating to auditor independence in countries with different social and economic traditions.     

Environmental regulation and innovation driving ecological design in the UK automotive industry

The theory of ecological modernization asserts that economic and environmental goals can be integrated within a framework of industrial modernity. Its central tenet is that environmental regulation can stimulate the application of ‘clean’ technologies or techniques. Ecological modernization also contends that environmental regulation can offer business benefits from innovation through improved product design and economic performance. The EU End of Life Vehicles Directive (ELVD) reflects many of these principles, as it compels all car manufacturers to ‘take back’ and dismantle vehicles at the end of their useful lives and to remove the hazardous substances from the production process. Each component will then be either reused or recycled. The legislation forces designers to introduce ‘clean design’ and ‘design for disassembly’ practices. In light of this, we examine the impact of the directive on UK automotive component manufacturers. We find limited evidence that the EU ELVD Directive has driven product innovation beyond short‐term, incremental technological trajectories. We therefore conclude that a more radical approach, in line with the ‘dematerialization’ thesis by Dobers and Wolff (1999), is needed to generate more radical, ecological design solutions within the UK automotive industry. Copyright © 2006 John Wiley & Sons, Ltd and ERP Environment.     

Whatever happened to the Quadro Fedele?

The English language version of the Fourth Directive included a general clause that the accounts of a company should give a true and fair view. The same article 2 (3) of the Italian version of the directive called for the accounts of a company to give a quadro fedele. Several years later the directive was incorporated into Italian law, but, departing from the term used in the Italian version, called instead for the accounts to give una rappresentazione veritiera e corretta. This paper shows that since it first appeared in Italian law in 1983 there has been no homogeneous understanding in Italy among legal experts as to the meaning of a quadro fedele and that it was ultimately replaced in the 1990s with the rappresentazione veritiera e corretta because it failed in the mind of the legislators to reproduce in Italian the perceived spirit of the British version.     

The legal liability of auditors in Germany

The European Union tried to harmonize the qualifications of auditors in member states through the Eighth Company Law Directive. However, other aspects of the regulation of auditors have not been dealt with in EC directives and show a wide diversity. Rules concerning the liability of auditors are one example of this diversity. Germany provides an extreme example in the case of this liability problem, since it is operating with a capped liability and providing third parties with only few possibilities to sue an auditor. This limited liability is probably one reason for a small number of cases. The purpose of this article is to describe and to review critically the German system of auditor's liability, and to identify specific environmental German factors which might explain the current system.     

The true and fair view and the drafting of the Fourth Directive

The article reviews the drafting of the Fourth Directive with a view to analysing the mechanisms whereby the overriding requirement that accounts should provide a true and fair view of the state of affairs of a company was introduced into the second draft of the directive. It examines the published comments from the expert group which wrote the initial discussion document and from the European Parliament and the Economic and Social Committee. It concludes that, since the initial concept was that the Directive should combine elements from existing member state statutes rather than create an independent approach, it should be expected that UK and Irish law would have an influence once these countries became members. There is, however, evidence that some accountants in the UK placed emphasis on the true and fair override as a means of escaping what they saw as the strictures of the Fourth Directive.     

The Globalization of Privacy

A bstract . The Council of Europe is currently considering a directive that would harmonize data protection laws throughout the European Community. If approved, this directive would affect exchanges of personal information between European countries and the United States. This article argues that the proposed Data Protection Directive will lead to a strengthening of American privacy laws. This will occur not as a simple reaction to a perceived economic threat, but because a number of social, economic and political changes in the privacy environment in the United States converge at this time. The European Directive presents an opportunity for policy change to occur, but will not be the cause of the change.     

Review of empirical research on rotation and non-audit services: auditor independence in fact vs. appearance

Confidence in the processes of corporate reporting and auditing has rapidly decreased recently due to front-page accounting scandals in both the United States and Europe. The goal of audit regulations, such as the Sarbanes Oxley Act in the United States (US) and the 8th Directive in the European Union (EU), is to restore public trust in the auditing process. Along with other regulatory aspects, requirements related to audit partner rotation and bans on providing concurrent non-audit services were implemented to maintain auditor independence, both in fact and in appearance. However, the implementation of audit regulation implies that increased requirements are able to enhance the failed audit function. Empirical research should help to understand the impact of these two regulatory aspects and indicate their effectiveness in maintaining auditor independence. Thus, we outline the newest empirical research related to audit partner rotation and non-audit services and independence in fact or in appearance. Overall, we conclude that prior research does not point to one particular requirement that would most effectively restore trust in the audit function. Rather the existence of multiple threats to auditor independence might demand a combination of several requirements to maintain auditor independence. Thus, more research is needed to investigate the joint effects of different threats to auditor independence, e.?g., non-audit fees and audit partner tenure.     

Recast directive on European works councils: cosmetic surgery or substantial progress?

Overdue by nine years, contested by employers and awaited by trade unions, a review of the European works council Directive 94/45/EC finally became reality in 2009. This article presents background information about the positions of the European social partners and other institutional EU actors in order to understand the outcome of the events of 2008–09. Focus is directed towards providing a general overview of the new elements in the recast directive on European works councils (EWCs). Keeping the different views on EWCs of the social partners in perspective, the article argues that the recast directive, despite its shortcomings, represents progress rather than superficial cosmetic surgery.     

论我国物流法律制度的构建

随着电子商务时代的来临，传统的物流逐步独立分化出来。而物流法律制度却仍处于一种原生状态，并存在不少问题。本文探讨了我国物流法律制度的现状及其存在的问题，并就现存的问题提出物流法律制度构建的政策建议。     

Audit committees and financial reporting quality: The 8th EU Company Law Directive perspective

In order to increase corporate governance quality, the 8th EU Company Law Directive enacted a mandatory audit committee in publicly listed companies in the EU and defined its tasks and responsibilities. In response to the directive, we examine the incremental value of audit committee monitoring effectiveness and audit committee competencies over the mere existence of an audit committee. We find that audit committee monitoring effectiveness and competencies are positively associated with financial reporting quality, whereas, somewhat surprisingly, the effect of the existence of an audit committee is negative. This finding shows that the existence of audit committees is a necessary but not a sufficient condition for enhancing financial reporting quality. Collectively, the study’s findings suggest that the 8th Directive has had a positive effect on corporate governance quality and, in turn, financial reporting quality in the EU.     

Putting skills to work: learning and employment at the start of the century

Skills are central to employment, yet they are often poorly understood in theory and underdeveloped in practice. The articles in this issue of HRMJ were originally presented at an ESRC‐funded seminar in Manchester in 2001 and show how working practices, control systems and regulation can have an impact on skills. This article introduces the special issue by considering the interrelationship between the individual expertise, job design and discretion that constitute skill. Drawing on data from the 2001 Skills Survery, it notes that developments in these areas are not necessarily compatible with one another, and reviews the implications for policymakers and practitioners.     

An Empirical Assessment of the Influence of March and Simon’s Organizations: The Realized Contribution and Unfulfilled Promise of a Masterpiece

March and Simon’s Organizations is a seminal work in management studies. We assess the contribution Organizations has made to management studies through a citation context analysis of 1,400 articles from top management journals. By categorizing the content from Organizations cited in subsequent works, we find that two related categories associated with cognitive limits and routines or programs account for half (50.5%) of all citation contexts since 1990. We also investigate whether citations to Organizations have been peripheral or substantial to the citing authors’ claims, how cited content has changed over time, and the extent to which citing works have provided empirical evidence to test March and Simon’s propositions or have been critical of their assertions. Our investigation reveals disturbingly few attempts to empirically validate the assertions made in Organizations. Overall, we provide a critical reflection on how well subsequent scholarship fulfils the aims and promise heralded by this masterpiece.     

Works council and trade unions: complementary or competitive? The case of SAGCo.

This longitudinal case study in a Japanese owned manufacturing company examines the relationship between union‐based representation and organisation and other forms of employee voice. The study covers the period before and after the passage of the Employment Relations Act 1999. During that period the Company voluntarily agreed to the recognition of an independent trade union at the same time as abandoning a pre‐existing employee works council and its replacement by a Japanese‐style company advisory board. The study investigates, inter alia, how far, and to what extent the inpending EU directive establishing mechanisms for employee information and consultation could influence existing trade union representation and organisation.     

Preventing sexual harassment at work

This article is based on research undertaken on behalf of the European Commission into the nature, extent and consequences of sexual harassment at work. It discusses the definition, occurrence and repercussions of sexual harassment and develops the argument for a European Directive on the Prevention of Sexual Harassment at Work by considering the operation and limitations of existing legal provisions.     

Accounting and financial audit harmonization in the European Union

The article reviews the evolution of financial reporting in the EU and considers how this is likely to affect auditing in the future. The analysis shows how the European Commission has recently concentrated its harmonization focus on the consolidated accounts of listed companies and the use of International Accounting Standards. The move towards internationally harmonized reporting seems likely to require auditing to be harmonized throughout Europe, which seems to impact recent national auditing standards. It is probable that this trend will continue and in the short term will cause changes in the arrangements for external overview of the audit and in national auditor independence rules.     

Do investors value companies' mandatory nonfinancial risk disclosure? An empirical analysis of the Italian context after the EU Directive

In October 2014, the European Union adopted Directive 2014/95/EU (hereafter, EU Directive), mandating companies of a certain size to draft and publish corporate nonfinancial information (NFI) regarding society and the environment. In this study, we examine the mandatory disclosure of nonfinancial (NF) risks by listed Italian companies, as required by the EU Directive, focusing on both the state‐of‐the‐art of such disclosure and its usefulness for investors. For this purpose, the study adopts a two‐staged research approach; in the first stage, we employed a manual meaning‐oriented content analysis to investigate the NF declarations (NFDs) of the listed Italian companies that were obliged to disclose NFI, returning a quality NF risks disclosure index. In the second stage, we used the value relevance methodology to investigate whether the disclosed NF risk information affects the levels of equity prices, through a modified Ohlson model. Our research is one of the first to investigate the value relevance of mandatory disclosures of NF risks following the implementation of the EU Directive, in the Italian context. The research was carried out in 2017, the first year of the directive's application for listed Italian companies. The main findings support a positive association between NF risk information disclosure levels and companies' market value. Moreover, they provide evidence of a significant mediating effect of NF risk on the relationship between financial risks and market value.     

The Alternative of Private Regulation: The London Stock Exchange's Alternative Investment Market as a Model

Most people assume that markets require a strong set of government rules and regulations to eliminate problems associated with transparency and fraud. Commonly overlooked is the fact that stock exchanges did, and to a large extent still do, provide a set of private rules and regulations. One modern stock exchange that relies heavily on private rather than government regulation is the London Stock Exchange's Alternative Investment Market (AIM). Founded in 1995, AIM is an exchange regulated market in which private regulators, called Nominated Advisors or Nomads, oversee individual firms and decide whether they can list their shares. This system of private regulation reduces regulatory barriers and has attracted many new firms. But rather than being ‘a race to the bottom’ in which anything goes, the private regulators work to put their stamp of approval only on firms that warrant trading. The market has attracted a lot of investment, and the survival rate of IPOs is in line with that of other more regulated markets.     

The free movement of workers and social Europe: maintaining the European ideal

The big EU enlargement of 2004 has fuelled the debate about whether labour migration from the east to the west is causing social dumping in the European economy, with the effect of upsetting established national systems of labour market regulation. This article reviews the effects of migration on EU labour markets. It also examines three recent industrial relations disputes which were about job displacement. It argues that there is little evidence of greater labour mobility causing new social dumping pressures on a widespread basis. However, it goes on to suggest that the situation may change if the EU adopts neoliberal policies such as the initial draft Services Directive at the same time as promoting greater labour market openness between the Member States. The article concludes by arguing for a better policy mix which would on the one hand involve the EU maintaining its commitment to the free movement of workers and on the other hand strengthen labour standard‐setting mechanisms at both the EU and national levels.