The paper is divided into four sections: the first an analytical framework; the second synthesises secondary data; the third presenting twelve case studies; finally, the implications of the findings are discussed. The analytical framework combines three literatures: path dependency, single or double subsidiarity and typologies of consultation. Our findings indicate that the Directive’s impacts on national I&C practices have been limited in most Member States. Within our case studies, there was no particular pattern of country or sector in which the organisation was based; rather, the quality of consultation lay substantively in the extent to which management made a significant commitment to the consultation process.
In conclusion, the legislation has not brought about fundamental changes. While the initial drafts of the legislation did aspire to creating a system where significant decisions taken without consultation could be annulled, the lack of meaningful sanction in the legislation and that the governments with the lowest levels of legal support for I& C put an emphasis on employees ‘triggering’ the right. Similarly, for those countries with ‘mature or well-developed’ I&C, this was generally more beneficial than what was required by the legislation.
