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EU Internal Market vs. National Models of Codetermination - Do we know all solutions?
[Vnitřní trh EU vs. národní modely kodeterminace - známe všechna řešení?]

Author

Listed:
  • Václav Šmejkal

Abstract

In the recent decision of the Erzberger case C-566/15, the Court of Justice of the European Union had to address the issue of whether the national rules on employee participation in company management (so-called co-determination) are in line with EU law, in particular whether they do not restrict the free movement of workers within the EU internal market. Although in the present case it did not find the existence of restrictions, it did not give in its brief ruling answers to all the questions related to this case and the co-determination in multinational business groups. The article attempts to show for which cases of co-determination we already have clear answers in the current EU law and for which we do not. Overall, however, the analysis shows that EU Court of Justice decision was pragmatic and therefore wise.

Suggested Citation

  • Václav Šmejkal, 2018. "EU Internal Market vs. National Models of Codetermination - Do we know all solutions? [Vnitřní trh EU vs. národní modely kodeterminace - známe všechna řešení?]," Současná Evropa, Prague University of Economics and Business, vol. 2018(1), pages 4-15.
    • Handle: RePEc:prg:jnlsev:v:2018:y:2018:i:1:id:151:p:4-15
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    1. Mulder, Bernhard Johann, 2017. "The law concerning the election of employees'representatives in company bodies: Report in light of the CJEU case Konrad Erzberger v TUI AG, C 566/15," Mitbestimmungsreport 29, Hans-Böckler-Stiftung, Düsseldorf.
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