This report summarises the primary issues identified by the rapporteur to date. The 'recast technique' used by the Commission limits the possibilities for the legislator to amend parts of the regulation relevant to employment issues. The S&D rapporteur reminds the Commission that the use of the recast technique should be limited to frequently amended texts and that better implementation guidelines should be introduced.
On points of substance, the S&D rapporteur noted trade union concerns and legal arguments about amendments to Article 22 of the Brussels I regulation in legal proceedings concerning industrial action. In light of the Viking, Laval and Torline cases at the European Court of Justice,, concerns are expressed that employees may be prevented from participating in collective action. The rapporteur also asks for alignment with Article 9 of the Rome II regulation on the applicable law, namely the general principle that the law of the country where industrial action was taken should apply in such cases to prevent 'forum shopping'. Furthermore, the rapporteur addresses both the fact that trade unions undertaking industrial action may be sued in the country where the employer is domiciled, and the current lack of security for those workers who do not have a fixed place of work.