Shareholders' Right to Put Items on the Agenda of the General Meeting. Colliding Perspectives on a Core Right of Shareholders

The role and position of shareholders within a listed public company has been a subject of debate on both the national and the international level for decades. This debate focuses primarily on the rights that are, or perhaps, should be conferred upon shareholders in such a company and, consequently, on the active or effective exercise of those rights by the same shareholders. In this contribution, we focus on one particular core concept, namely the right that is conferred upon shareholders to put items on the agenda of the general meeting. The right of shareholders to secure influence in the company through a dialogue with the board can be considered as a core instrument within company law that ensures the possibility of checks and balances within the company