The Gazette 1974

remedy is, according to Community law, a matter for the national judge, provided that in so doing he gives proper protection to the party whose rights he has a duty to safeguard. As was said in Molkerei Zentrale : "Difficulties arising within a Member State cannot change the legal character of an immediately effec- tive rule of Community law, especially as the rule must apply with equal force to all Member States . . . and Article 95 does not restrict the right of national courts to apply whichever of the various remedies provided by their own judicial systems are suitable for protecting rights conferred on indivi- duals by Community law." In many actions, perhaps most, the appropriate remedy will be an order for payment of an ascertained sum of money. My theme today has been that Community law depends for its efficacy upon national judges, who in applying it are thereby judges not only of their own countries but of the whole Community

that relevant Common Market law should be applied in this country and should, where there is a conflict, override English law." For the new Member States many of the problems which the national courts of the founder members have encountered in the past still lie ahead, though it is to be hoped that the experience gained by the latter will be of assistance to the former. As yet there has been no reference under Article 177 from Denmark, Ireland or the United Kingdom, al- though one is shortly expected to arrive from the latter country. Questions of Community law have also been in issue in a number of cases in Great Britain, although not in such circumstances as to make a refer- ence appropriate. Finally, may I mention a topic which is probably that of most concern to national judges. Once the rule of Community law has been interpreted, or if no inter- pretation is needed, it is plain that the application of that rule of law is for the national judge and, of course, application includes remedy. What is the appropriate

Company Law Changes to Protect Workers' Rights

by JOHN TEMPLE LANG

Unions and workers' representatives There are two basic questions about industrial demo- cracy which only trade unionists could really resolve. What is to be the relationship between trade union officials and workers' representatives on company hoards and what are to be the functions of collective bargaining and of industrial democracy? Until these questions were answered Irish unions would not be ready for industrial democracy. Where the employees of a company belong to more than one union, or some are not unionised, how would each group be repre- sented on the supervisory board? If employees representatives are not union officials, unions might be reluctant to transfer many important questions from the collective bargaining sphere to be dealt with by workers representatives. If they are union officials, the job of representing employees on Super- visory Boards might be a source of inter-union rivalry- The present structure of the trade union movement in Ireland would create unnecessary problems, if worker representation was introduced. If Irish unions want to get the benefits of industrial democracy for their mem- bers, they would have to rationalize themselves on "one firm, one union" lines, or at least agree on their approach to the questions involved. Important problems A lot of important questions arose from the EEC proposals which would have to be answered by 272

In twenty years it will be inconceivable that anyone would try to run a company without consulting the people who work in it, John Temple Lang, a solicitor who is now a Legal Adviser to the EEC Commission told the Incorporated Law Society in Wexford. The idea of consulting workers, whether through Works Councils with a right to be consulted and a veto, or through their representatives on Supervisory Boards of directors, is becoming more accepted in the EEC countries. The EEC Commission has suggested two-tier boards, with one-third of the Supervisory Boards of large companies elected either by or with the agree- ment of the workers. None of these rights exist at present under Irish law. It was up to Irish workers to decide if they wanted these rights, and if so on what basis. Consultation between managers and workers, on a proper basis, offered a chance of changing the present antagonistic relationship into a working part- nership, and making a huge improvement in the whole climate of labour relations. It is a pity that such discussion as there has been in Ireland had con- sisted of arguments for and against the whole idea of worker representation, without much recognition of its colossal potential. The way in which industrial demo- cracy would work, indeed whether it would work at all, and whether it would fulfil that potential would depend on how it was made to work. The EEC's pro- posal could not create the atmosphere in which it would work best; that had to be done here.