Involving European Works Councils in Transnational Negotiations - a Positive Functional Advance in their Operation or Trespassing?

Abstract

This paper aims at discussing some facets of the emerging European level of collective negotiations. The paper argues that in general the acquis communautaire and other international acts can already accommodate this new category of agreements. At the same time it finds out that lack of a specific legal framework may have negative implications for the binding force of the agreements in question and for their enforcement. The existence of those agreements beyond or parallel to law causes hence confusion in regard to roles that the social partners at the national and the European level should play. Thus, in order to put some structure into the debate, it is argued that a differentiation between, on the one hand, national collective bargaining and transnational collective agreements or negotiations, and, on the other hand, consultation and negotiation powers should be applied. Consequently, the author provides an answer to the title question by stating that even though the growing engagement of European Works Councils into transnational collective negotiations represents a functional development of their practice, it is an example of transgressing their information and consultation competences.

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