NEW DEVELOPMENTS AND OLD DEBATES RELATED TO THE PROTECTION OF EMPLOYMENT IN THE EVENT OF TRANSFER OF UNDERTAKINGS. THE ROMANIAN CASE
NEW DEVELOPMENTS AND OLD DEBATES RELATED TO THE PROTECTION OF EMPLOYMENT IN THE EVENT OF TRANSFER OF UNDERTAKINGS. THE ROMANIAN CASE

Summary/Abstract: In view of a specific Directive adopted by the EU with the aim of ensuring the safeguarding of employees in the event of a transfer of undertaking and considering the practice of transposing such EU legal provisions into the domestic legal system, this paper puts forward an analysis of the influence the well-established national legal culture bears on such legal transposition. For doing so the paper provides firstly an overview of Directive 2001/23/EC and of the process of its legal transposition into the domestic law of an ex-communist state, namely Romania. It thus proceeds to outline how the nationally existing legal culture influences the process of domestic transposition and further explores the European implications of the incomplete and, at times, distorting approach of the Romanian legislator. Some possible solutionsfor mitigating the European shortcomings of Romanian TUPE Law are put forward.The study also aims to perform an analysis of recent CJEU case-law developments regarding protection of employment in the event of transfer of undertakings, business or parts thereof. Particularly, the paper focuses on the possibility to split employment agreements in the event of a transfer of undertaking to multiple assignees.

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