European Works Councils: normative evolution and challenges of the new Directive (EU) 2025/2450 of the European Parliament and of the Council

Abstract

In this article, we critically analyse the normative evolution of European Works Councils (EWCs) from their establishment through Directive 94/45/EC to the adoption and publication of Directive (EU) 2025/2450 of the European Parliament and of the Council of 26 November 2025. Through a comparative and critical methodology, we examine the historical trajectory of this instrument of transnational labour participation, identifying the limitations of previous normative frameworks and evaluating the solutions proposed by the new regulation. Our study demonstrates that, although the new directive introduces significant advances – notably the elimination of exemptions for pre-existing agreements (Articles 13 and 3), the strengthening of sanctions, the clarification of the concept of transnationality, the promotion of gender balance, and the establishment of a more robust regime of access to justice – structural challenges still persist in the effective implementation of these mechanisms for the information and consultation of workers. In our analysis, we identify limitations, risks, and inconsistencies in the new normative framework, critically evaluating whether the reform will effectively contribute to the improvement of the transnational collective bargaining system in the European Union. We conclude that the new directive represents significant progress, albeit it is conditional upon the quality of national transposition and the judicial interpretation of the indeterminate legal concepts that remain in the normative text.