TOWARDS AN INDIRECT DEMOCRATIC MEMBER CONTROL OF COOPERATIVES: COMMENTARY TO THE DECISION OF THE GUIMARÃES COURT OF APPEAL OF 18TH OCTOBER 2018

Abstract

This commentary, which is based on the mental path followed by the Court of Appeal of Guimarães, aims to critically analyse the general assemblies of delegates. In the judgment under review, the Court was called upon to review the statutes of a Cooperative, according to which the general assembly would take place with the presence of delegates elected by the cooperators in their various sections, instead of the cooperators by themselves. The question is whether this solution is compatible with the principle of democratic member control, as laid down in article 3 of the Cooperative Code. To this end, we need to understand the idea behind the principle and to assess whether it allows cooperators’ indirect or represented participation.