EU Employment Law Flashcards
(13 cards)
Why is the EU involved with employment law?
Enforcement- vertical direct effect; indirect effect; claims to damages
Race to the bottom- countries with lowest standards would win out
Which articles of the TFEU deal with social policy?
A9- a set of vague requirements
A151- more detailed
According to A153, which areas of competence are subject to Qualified Majority Voting?
Health and Safety
Working Conditions
Information of workers
Equality between men and women
The integration of people exclude from labour market
Why was the Working Time Directive controversial? case law
Case C 89/94 UK v Council- working time is not generally within Health and Safety- this Directive contained provisions on annual leave, daily breaks, night work
C-286/06- Ireland case- what’s the relevance?
Equal treatment in pay for fixed term workers- EU doesn’t exceed its competence (A153)- it doesn’t regulate pay, it regulates equality
Which directive was adopted in 2020 and why is it also controversial in terms of EU competence?
Adequate Minimum Wage Directive- A153- shall not apply to pay- Denmark v European Parliament and Council- pending action for annulment case
Which Charter Rights have been afforded horizontal effect? and why? (Clue 2 cases)
The right is precise
Egenberger- Religion Discrimination case- A21 equality rights
Bauer et al- A31 working time
Why are the Viking and Laval judgments controversial?
CJEU gave preference to free movement of services and freedom of establishment over collective labour rights
Posted workers should be regulated by home state law- old position case law
Rush Portuguesa
TCA- non-regression principle- which article is it in and what does it mean?
A387- Party should not reduce or weaken its labour and social levels of protection in a manner affecting trade or investment between Parties
Why has EU legitimacy been put into question at times of global crisis? (bailout packages)
Granted on conditions such as wage reductions and relaxation of employment protection- undermining principles of social model
Why is Working Time Directive controversial- outside competence?
definition includes time spent on employers’ premises- difficult application in health care- on call
What is the difference re discrimination under the Part/Fixed Time Directives and the Agency work Directives?
Agency- no justification of discrimination available to employer
Part/Fixed Time- justification available on objective grounds
