The Recast of the European Works Council Directive

On 16 May 2009, the EC Directive 2009/38 (Recast Directive) was published in the Official Journal. With effect from 6 June 2011, the EC Directive 94/45 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees will be repealed. It will be substituted by the Recast Directive. The present volume is retrospective and prospective. The book unfolds as a diptych. The first part examines the background and some of the loopholes of the EWC Directive. The background is being studied from a conceptual, a historical, a legislative and a case law perspective. A substantial part of the first panel of the diptych, is dedicated to an analysis of the ECJ and domestic case law related to the EWC Directive. This research was operated on the basis of national reports following a questionnaire or format annexed to the book. Both the national reports (Austria, Belgium, Fra

Filip Dorssemont graduated in law (1993, University of Antwerp) and obtained a degree in philosophy (1994, KU Leuven). He is doctor in law (University of Antwerp) based on a thesis in comparative labour law on the legal status of the representative organizations of workers. He was assistant (1993-2002) at the University of Antwerp and researcher and lecturer at the University of Utrecht (2002-2008). Currently, he is Professor in labour law at UCL. He has been visiting professor at the University Robert Schumann of Strasbourg (2001); the University of Cassino (2002) and the Università statale di Milano (2008-2009-2010) to teach labour law.