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This study examines how cross-border barriers to the implementation of Employee Financial Participation (EFP) schemes in the EU may be alleviated. It is argued that an optional regime would represent the most appropriate policy-option to this challenge. Finally, a blue-print for such a Common European Regime on EFP is developed drawing upon the results of a comprehensive comparison of the legal regulations on EFP in all EU Member States.
(1) The study sheds light on the potential of optional regimes in the context of European civil law. (2) It provides a systematic overview of the incidence and political implications of EFP in the EU. Following this, (3) it discusses the barriers to cross-border EFP schemes in the EU as an infringement to the Right of Establishment of European companies. The study then (4) makes a point for an optional regime as the most appropriate instrument to overcome these barriers in comparison to traditional legal instruments in the EU. After that (5) a blue-print for a Common European Regime on EFP is developed. Finally, (6) the study takes a look beyond and discusses additional policy-meassures to promote EFP on the EU level.