In a report published on 14 May, two year’s later than due, the European Commission offers an evaluation of the implementation of the European Works Council Directive (recast Directive 2009/38/EC) in Member States and countries in the EEA. It presents a series of conclusions, in view of the objectives pursued by the directive, such as increasing the prevalence of EWCs and, in particular, ensuring the rights of information and consultation. While the report highlights the limited influence of staff representatives on final decisions as well as few means of action when information and consultation obligations are flouted, it proposes a practical handbook as a solution.
The Commission has put forward its evaluation on the basis of a wider study, a draft copy of which we covered in 2016 (see article n°9723). Such an analysis from the EU executive body was required under the 2009 directive, which said the Commission would need to present a report on the directive’s implementation (in June 2016) and table, if necessary, some suitable proposals. The obligation to conduct a review was meant to act as a launch pad to ultimately revise the directive. That is at least
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