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The procedure for establishing an European Works Councils, as codified in the Directive, steers a middle course between the poles. On the one hand, it gives precedence to negotiated solutions. Yet at the same time it allows a non-negotiated European Works Councils to be established by means of the Directive’s subsidiary requirements. Moreover, the Directive also makes stipulations on the process of negotiation and the negotiating outcome. In order to accelerate the creation of European Works Councils, these were kept to a minimum and limited in time. The European Works Councils Directive (and its national transposing legislation) codifies the framework provisions for the negotiating process, such as the circumstances under which negotiations may be started and broken off, the consequences of a breaking-off of negotiations, and associated deadlines.
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