Defending Mitbestimmung: German trade unions and European company law regulation (1967-2000)

Recent years have witnessed an enormous growth of research about European Union legislation in the field of employee participation. Besides studies analysing the legislation itself, many publications also deal with the impact of EU developments on employee participation in member states. While impressive in its conceptual breadth and empirical detail, this literature lacks a historical dimension. Taking the example of Germany and of the German trade union confederation, DGB, this article demonstrates that such a historical perspective is important not least because it sheds new light on contemporary debates. The case study chosen concerns the impact of regulatory initiatives for a European Company (Societas Europaea, SE) Statute on DGB co-determination policy since the late 1960s. The article argues that DGB positions shifted from an exclusive focus on the protection of national achievements, towards an approach that combined protection with attempts for re-regulation at the European level from the late 1980s.