This section features a collection of legislative acts providing information, consultation or participation rights for workers and their representatives. For some of the Acts, we provide national transpositions.

Video: How to find legislation on the ETUI worker-participation.eu website

More than 40 EU directives provide for workers' information and consultation rights of some kind (see Palette of Workers' Participation Rights). The directives are a clear expression of the willingness at European level to make employees citizens in their workplace. This is also mirrored in the EU Charter of fundamental rights (the Lisbon Treaty) which gives information and consultation rights the status of a basic right of European citizens (see Worker Participation and the Lisbon goals).

See also:

• workers' rights in the European Pillar of Social Rights;

The idea of workers' information, consultation and participation has slowly evolved into a more encompassing concept of democracy at work. The European Trade Union Confederation (ETUC) gave expression to this evolution as "part of a broader approach for a more Social Europe which is urgently needed." (see ETUC 2020 publication and video).

Information about relevant regulation can be found here:

• Directive for a general framework for informing and consulting employees (Directive 2002/14/EC)
• Transposition of Framework Directive for informing and consulting employees (Directive 2002/14/EC)

See also:

• ETUC resolutions

European Works Councils legislation and regulation

• European Works Council Recast Directive 2009/38/EC
  • European Works Council national transposition laws
  • Archive of European Works Council laws

You can also find all the national transposition acts of the EU Directive 2009/38/EC on the EWC database in original languages and an English translation (automated).

European Company (SE) legislation

• EU legislation on the European Company (SE)
  • Statute for a European Company (Societas Europaea (SE) Council Regulation 2157/2001/EC
  • European Company (SE) Works Council Directive 2001/86/EC supplementing the Statute for a SE with regard to the involvement of employees
  • EU Commission page on the SE Directive and Regulation
• National transposition
  • European Company (SE) national transposition laws
  • Analysis of the SE transposition
    • Analysis of the national transposition laws
    • SE transposition: Compare countries
  • Archive on monitoring the national transposition of the SE Directive in 2004-2005
    • Processes of national transposition of the SE legislation

See also:

• the history of the (failed) legislative initiative on the European Private Company (SPE)

European Cooperative Society (SCE) legislation and regulation

• EU level
  • Statute for a European Cooperative Society (SCE) 1435/2003
  • Council Directive 2003/72/EC supplementing the Statute for a European Cooperative Society (SCE) with regard to the involvement of employees
• SCE transpositions
  • National transposition: European Cooperative Society (SCE)
  • Transpositions by country
    • Denmark
    • Sweden

Board-level Employee Representation legislation and regulation

• National-level
  • Board-level Employee Representation: National laws and other instruments
• EU law about Board-level Employee Representation
  • Board-level Employee Representation: EU law (European Company (SE), European Cooperative Society (SCE) and Cross-Border Company Mergers Directives)
  • European Company (SE) national transposition laws
    • European Company (SE) Directive national transposition table (as at 8 November 2023)
    • European Company (SE) national transposition laws (commentary)
  • European Cooperative Society (SCE) Directive national transposition table (as of 8 November 2023)
  • Cross-border mergers, Company law and Cross-border conversions, mergers and divisions Directives national transposition table (as of 8 November 2023)

Corporate Governance and Company Law Legislation and Regulation

• Codification of individual EU company law directives
  • Directive (EU) 2017/1132 on Company Law Codification
• Company law package
  • Digital Tools and Processes Directive 2019/1151
  • Cross-Border Conversions, Mergers and Divisions Directive 2019/2121
• Sustainability-related company law
  • Corporate Sustainability Reporting Directive 2022/2464
  • Corporate Sustainability Due Diligence Directive 2024/1760
• EU legal forms
  • European Company (SE) Directive 2001/86/EC
  • European Cooperative Society (SCE) Directive 2003/72/EC
  • Proposal for a Directive on European Cross-Boarder Associations COM/2023/516
• Takeover bids
  • Takeover Bids Directive 2004/25/EC
• Transparency
  • Accounting Directive 2013/34/EU
• Insolvency
  • EU Insolvency Regulation - Council Regulation (EC) 1346/2000
  • Insolvency and Restructuring Directive (also known as Restructuring and Second Chance Directive) 2019/1023
  • Proposal for a Directive Harmonising Certain Aspects of Insolvency Law COM/2022/702

See also:

• Parker, J. (2024). Confidentiality of information and worker participation: Comparative and selected country handbook. Brussels: ETUI.

Sustainability and Worker Participation legislation and regulation

• European Commission website on sustainability and the European Green Deal

• European Commission. (2019). Communication on The European Green Deal COM/2019/640 final
• Corporate Sustainability Reporting Directive (CSRD) - Directive (EU) 2022/2464
• Commission Delegated Regulation (EU) 2023/2772 as regards sustainability reporting standards
• Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence
• Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment

European Social Dialogue legislation and regulation

• Treaty on the Functioning of the European Union (TFEU) Article 154
• Treaty on the Functioning of the European Union (TFEU) Article 155

Case law and jurisprudence

We provide access to case law and jurisprudence related to selected directives (i.e. European Works Council Directive, Company law, and the European Company (SE)) Directive).

• Jurisprudence for European Works Councils and SE works council section
• Overview of EJC jurisprudence on the transfer of company seat section
• Jurisprudence for European Social Dialogue section
• Jurisprudence for Board Level Employee Representation section
  • National case law
  • European case law