Bernard BOSSU - Professor (université de Lille 2)
Christine NEAU-LEDUC - Professor (université Montpellier 1)
Jean-François CESARO - Professor (université Paris 2 Panthéon-Assas)
The issue of sanctions is critical when is opened the debate on the effectiveness of employee representation rules in the company. Aiming at protecting the core values of society, criminal law should be reserved for infringements of the prerogatives of employee representation bodies which are fundamental. For the rest , there are sanctions , administrative or civil, more effective. Still, the only restriction of the criminal field is not sufficient to guarantee the effectiveness of employee representation rules. Some substantial and organizational answers relating in particular to the definition of a major criminal policy , the revision of the division of responsibilities in the company and the search for renewed criminal sanctions seem necessary. Beyond the repressive way , others deserve to be explored. The application of employee representation rules must be guaranteed by tools rather preventive than repressive and without any involvement of any judicial authority . The extra-criminal policy leaves a large place to the preventive function of labor inspection which should help companies by using new methods of support and assessment. The definition of a corporate social policy , through the conclusion of a single agreement on staff representation, is legally adequate to ensure the effectiveness of the rule by taking into account the specificities of each company