Recitals
- Recital (1)Pursuant to Article 27 of the Charter of Fundamental Rights of the European Union (the Charter), workers or their representatives are, at…
- Recital (2)With regard to transnational matters, the objective of Directive 2009/38/EC of the European Parliament and of the Council is to give…
- Recital (3)In its evaluation of Directive 2009/38/EC of 15 May 2018, the Commission confirmed the added value and relevance in principle of that…
- Recital (4)However, the Commission evaluation also identified shortcomings regarding, for instance, the effectiveness of the consultation process,…
- Recital (5)On 2 February 2023, the European Parliament adopted, pursuant to Article 225 of the Treaty on the Functioning of the European Union (TFEU),…
- Recital (6)Evidence shows that legal uncertainty regarding the concept of transnational matters has led to differences in interpretation and disputes.…
- Recital (7)The definitions of information and consultation in Directive 2009/38/EC include normative requirements. For the sake of coherence and legal…
- Recital (8)The election and appointment of employees’ representatives is governed by national law and practice. The national systems for the election…
- Recital (9)With a view to concluding an agreement establishing a European Works Council, central management is required to negotiate with a special…
- Recital (10)It is possible that members of special negotiating bodies need legal advice to carry out their tasks under Directive 2009/38/EC. It is…
- Recital (11)Directive 2009/38/EC requires the parties to a European Works Council agreement to determine the venue for the meetings of the European…
- Recital (12)There can also be uncertainty and disputes with respect to the coverage of certain expenses and access to certain resources during the…
- Recital (13)The requirement in Directive 2009/38/EC to take into account, where possible, the need for balanced representation of employees with regard…
- Recital (14)Evidence shows that the initiation of negotiations is sometimes delayed beyond the period of six months provided for in Directive…
- Recital (15)When sharing sensitive information with members of special negotiating bodies, members of European Works Councils, or employees’…
- Recital (16)The possibility of central management not to transmit information to the members of special negotiating bodies, the members of European…
- Recital (17)With a view to increasing legal clarity, it is appropriate to lay down the provisions on the transmission of information in confidence and…
- Recital (18)Decisions on transnational matters can have far-reaching consequences for employees, such as in the case of redundancies arising from…
- Recital (19)In the context of information and consultation on transnational matters, it is important to ensure that Community-scale undertakings or…
- Recital (20)The provisions of Directive 2009/38/EC on the role and protection of employees’ representatives should be amended to increase clarity and…
- Recital (21)In order to avoid disputes, it should also be specified that central management bears the reasonable costs of training and related expenses…
- Recital (22)In certain Member States, rightsholders under Directive 2009/38/EC encounter difficulties in bringing legal action to enforce their rights.…
- Recital (23)The Commission’s 2018 evaluation of Directive 2009/38/EC showed that penalties applicable in the case of non-compliance with transnational…
- Recital (24)Special negotiating bodies, European Works Councils, and, on their behalf, their members should have the necessary means to cover the costs…
- Recital (25)Undertakings with an agreement on the transnational information and consultation of employees concluded before 23 September 1996, that is…
- Recital (26)Moreover, for the same considerations, the same minimum requirements should apply to all Community-scale undertakings with European Works…
- Recital (27)European Works Councils operating on the basis of the subsidiary requirements set out in Annex I to Directive 2009/38/EC have the right to…
- Recital (28)In addition, certain technical changes should be made to the subsidiary requirements set out in Annex I to Directive 2009/38/EC, to ensure…
- Recital (29)Therefore, it is appropriate to amend Directive 2009/38/EC to bring all eligible undertakings within its scope, clarify some of its key…
- Recital (30)Pursuant to Article 27 of the United Nations Convention on the Rights of Persons with Disabilities, persons with disabilities are to be…
- Recital (31)Pursuant to Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and of the Council, Member States are to take…
- Recital (32)When implementing Union law, Member States are to respect the rights set out in the Charter and to promote the application thereof in…
- Recital (33)In order to give employees’ representatives and central management in Community-scale undertakings or Community-scale groups of…
- Recital (34)It is possible that European Works Council agreements concluded under Directive 94/45/EC or 2009/38/EC before the transposition of this…
- Recital (35)Since the overall objective of this Directive, namely to ensure the effectiveness of the requirements of Directive 2009/38/EC regarding the…
Text as published in the Official Journal; for the authentic version, see EUR-Lex.
