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


  • Romuald Jagodzinski


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.

Suggested Citation

  • Romuald Jagodzinski, 2007. "Involving European Works Councils in Transnational Negotiations – a Positive Functional Advance in their Operation or Trespassing?," Industrielle Beziehungen - Zeitschrift fuer Arbeit, Organisation und Management - The German Journal of Industrial Relations, Rainer Hampp Verlag, vol. 14(4), pages 316-333.
  • Handle: RePEc:rai:indbez:doi_10.1688/1862-0035_indb_2007_04_jagodzinski

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    Cited by:

    1. Veronika Dehnen, 2013. "Across Boundaries: The Global Challenges Facing Workers and Employment Research 50th Anniversary Special Issue," British Journal of Industrial Relations, London School of Economics, vol. 51(3), pages 577-600, September.

    More about this item


    European Works Councils; Transnational Collective Bargaining; Employee Representation; International Labour Law;

    JEL classification:

    • A14 - General Economics and Teaching - - General Economics - - - Sociology of Economics
    • J24 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Human Capital; Skills; Occupational Choice; Labor Productivity
    • J51 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Trade Unions: Objectives, Structure, and Effects
    • J53 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Labor-Management Relations; Industrial Jurisprudence
    • J80 - Labor and Demographic Economics - - Labor Standards - - - General
    • J82 - Labor and Demographic Economics - - Labor Standards - - - Labor Force Composition


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