Social partner consultation on the possible review of the European Company Directive
On 5 July 2011, the European Commission approved the consultation document First phase consultation of Social Partners under Article 154 TFEU on the possible review of Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees.
The cover letter of the document identifies three problematic areas concerning the rules on employee involvement contained in the SE Directive, i.e. a) the complexity of the procedure for employee involvement; b) the lack of legal certainty concerning certain aspects of the negotiation procedure; c) the concern that the use of the SE form could have an effect on the rights to employee involvement granted by national or EU law. In this first phase, social partners are consulted on whether a) those are the main issues raised by the operation of the Directive; b) the Directive should be amended; c) other non-legislative measures at EU level would merit consideration and d) they would initiate a negotiation under Article 155 TFUE. The SEEurope network collected the national experiences with the SE rules and provided a summary report.