Just as the Commission is about to put forward a revision of European social dialogue rules in the second half of 2022, the nine European trade-union federations have published a joint position, which has the merit of being very clear: whenever the social partners conclude an agreement, regardless of whether it applies at cross-industry or sectoral level, the text of this agreement must be submitted to the Council within three months, with a view to transposition by way of a directive.
The Commission plans to use this time to check that the text complies with EU law and that the social partners who are signatories to the agreement in question comply with representativeness rules. The Commission will not be able to carry out any appropriateness checks, in contrast to the way in which it refused to refer the European sectoral agreement on information and consultation rights for public sector workers to the Council (see EPSU case). This position contradicts the Commission’s power of initiative, which was recognised by the Court of Justice in the EPSU case.
(Article published in IR Note 183 – 6 April 2022)
Social dialogue: Position of the European Trade Union Federations on the European Commission’s review of social dialogue
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