# C_2007161EN.01007501.xml

| 13.7.2007 | EN | Official Journal of the European Union | C 161/75 |
| --- | --- | --- | --- |

13.7.2007

EN

Official Journal of the European Union

C 161/75

---

Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council on the protection of employees in the event of the insolvency of their employer (Codified version)

(COM(2006) 657 final)

(2007/C 161/20)

On 23 November 2006, the Council decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 22 February 2007. The rapporteur was Mr Soares.

At its 434th plenary session, held on 14 and 15 March 2007 (meeting of 14 March 2007), the European Economic and Social Committee adopted the following opinion by 160 votes nem. con., with six abstentions.

| 1. | This proposed directive forms part of the Commission's plan to simplify and clarify Community legislation so as to make it clearer and more accessible to the ordinary citizen. |
| --- | --- |

1.

This proposed directive forms part of the Commission's plan to simplify and clarify Community legislation so as to make it clearer and more accessible to the ordinary citizen.

| 2. | Codification is an extremely important administrative procedure, which must be undertaken in full compliance with the normal Community legislative procedure and cannot result in changes of substance being made to the instruments affected by codification. |
| --- | --- |

2.

Codification is an extremely important administrative procedure, which must be undertaken in full compliance with the normal Community legislative procedure and cannot result in changes of substance being made to the instruments affected by codification.

| 3. | The purpose of this proposal is to undertake a codification of Council Directive 80/987/EEC of 20 October 1980 on the protection of employees in the event of the insolvency of their employer. The new directive will supersede the various acts incorporated in it; this proposal fully preserves the content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself. |
| --- | --- |

3.

The purpose of this proposal is to undertake a codification of Council Directive 80/987/EEC of 20 October 1980 on the protection of employees in the event of the insolvency of their employer. The new directive will supersede the various acts incorporated in it; this proposal fully preserves the content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself.

| 4. | Although codification is a process that, by its very nature, cannot and must not amend the directives to which it refers, the EESC considers that the Commission should, in the performance of its duties, do more than simplify legislation, It should study the content of the various directives in order to resolve any issues that might in the meantime have proven to be unclear or that might have in practice been found to be somewhat outdated. |
| --- | --- |

4.

Although codification is a process that, by its very nature, cannot and must not amend the directives to which it refers, the EESC considers that the Commission should, in the performance of its duties, do more than simplify legislation, It should study the content of the various directives in order to resolve any issues that might in the meantime have proven to be unclear or that might have in practice been found to be somewhat outdated.

| 5. | Nevertheless, bearing in mind that the subject of the opinion here is the codification of a directive, and taking account of the aims set out in paragraph 1 and the guarantees laid down in paragraphs 2 and 3, the European Economic and Social Committee approves this proposed directive. |
| --- | --- |

5.

Nevertheless, bearing in mind that the subject of the opinion here is the codification of a directive, and taking account of the aims set out in paragraph 1 and the guarantees laid down in paragraphs 2 and 3, the European Economic and Social Committee approves this proposed directive.

Brussels, 14 March 2007.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

---