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European Labour Law Lecture 01B

European Labour Law Lecture 01B. 1.3. Legal Basis EU Labour Law 1. History 1957-1992 Weak general social competences Art. 117-118 EEC Strong specific social competences Art. 48-51 free movement workers 119 equal pay 53g company law 75 road transport Strong general competences

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European Labour Law Lecture 01B

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  1. European Labour Law Lecture 01B

  2. 1.3. Legal Basis EU Labour Law 1 History 1957-1992 Weak general social competences Art. 117-118 EEC Strong specific social competences Art. 48-51 free movement workers 119 equal pay 53g company law 75 road transport Strong general competences 100 harmonisation of laws 235 unforseen

  3. 1.3. Legal basis EU Labour Law 2 Rome/Maastricht Amsterdam Lisbon CEE TEC TFEU Division 4 (2b) Free movement 48-51 42-39 45-48 Harmonisation 100 94 115 Employment 125-130 145-150 Social Policy 117-124 136 -145 151-161 Social Fund 125-127 146-148 162-164 Social Cohesion 158-162 174-178 Unforeseen 235 306 352 Since 1957(Rome/Maastr.), via A’dam (1997) to Lisbon Treaty (2009)

  4. 1.3. Legal Basis EU Labour Law 3 Since 1992 more legal basis for European labour Law: • Broader legislative basis, notably in art. 153 FTEU • And more Council voting without need for unanimity (art. 153(2) TFEU) • Role for the social partners to create European Labour Law (art. 154 and 155 TFEU) All this was just consolidated, not changed, in the Lisbon Treaty.

  5. 1.3. Legal Basis EU Labour Law 4 Art. 153 TFEU now basis for strong specific competences on most issues of labour law. According to art. 4(2b) TFEU However: • The SME-reservation (art. 153 (2b) TFEU • The non-harmonisation (art. 153 (2a TFEU) and financial equilibrium (art. 153 (4) reservations • The minimum character (art. 153 2b and 153 (4) TFEU • The exceptions of art. 153(5) TFEU

  6. 1.3. Legal Basis EU Labour Law 5 • Question: can the restrictions of art. 153, notably that over section 5, be overcome by alternatively founding labour law rules on arts. 115 and 352 TFEU? • Actual example: proposal Monti II (on strike law). Proposed basis: art. 352 TFEU • If so, be aware of German reservation (German Constitutional Court on Lisbon Treaty: approval of 2/3 majority of both German Houses of Parliament needed. Final possible obstacle for EU Labour Law: The principle of Subsidiarity (art. 5 (3) TEU and Protocol 2)

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