Article

14 February 05

Brussels Agenda

Updates from Society's Brussels office on cross-border mergers; child witnesses; Working Time Directive

Agreement on cross-border mergers

A proposed directive that will make mergers between companies based in different member states easier and cheaper has been agreed by the Council of Ministers. It now goes before the European Parliament.

A controversial compromise over employee participation states that if a third or more of the employees in a newly merged firm are covered by strong worker-protection rights, those rights will apply to the entire firm. 

Special measures for child witnesses?

An Advocate General to the European Court of Justice has delivered an opinion that children should be protected from any harm caused by having to testify in public, and that member states should be required to adapt their criminal procedures. The court is considering the rights of “particularly vulnerable” victims in the context of an Italian kindergarten teacher accused of child abuse. The defence contested any such right. The issue hangs on the interpretation of Council Framework Decision 220 of 15 March 2001.

Working time: Council progress

Progress has been made on amendments to the EU working time rules, though not yet on the crucial issue of the opt-out.  Member states do, however, seem to concur, first, that, there will be an option to extend the standard reference period to 12 months in certain cases, provided workers’ health is safeguarded.  Secondly, definitions could distinguish  “on-call time” from the “inactive part of on-call time”, which would not count as working time. Thirdly, if a derogation is applied, “compensatory rest” must be afforded within 72 hours or else within a “reasonable period” under national law.

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