{"id":60900,"date":"2025-04-29T18:37:12","date_gmt":"2025-04-29T18:37:12","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/60900\/"},"modified":"2025-04-29T18:37:12","modified_gmt":"2025-04-29T18:37:12","slug":"ecj-rejection-of-minimum-wages-directive-would-deal-blow-to-social-europe-programme","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/60900\/","title":{"rendered":"ECJ rejection of Minimum Wages Directive would deal blow to social Europe programme"},"content":{"rendered":"<p class=\"c-paragraph\">The annulling of the Adequate Minimum Wages Directive by the Court of Justice of the European Union (ECJ) would be \u201cprofoundly damaging\u201d to the EU at a time when it is already under attack by \u201cfar-right Eurosceptics\u201d, according to a new trade union-commissioned report by the social policy think tank, Tasc.<\/p>\n<p class=\"c-paragraph paywall\">The directive, which was transposed into law in Ireland last year, is under threat due to a case taken against its validity by Denmark, supported by Sweden. They argue the EU is exceeding its power to influence the setting of wage levels in member states.<\/p>\n<p class=\"c-paragraph paywall\">In January, advocate general Nicholas Emiliou issued an opinion in the case recommending that the directive be annulled in full. The court is not obliged to follow the recommendation but tends to in about two-thirds of instances. <\/p>\n<p class=\"c-paragraph paywall\">Despite this, the trade union movement has remained publicly optimistic the case will be rejected. The final judgment is expected within a matter of months.<\/p>\n<p class=\"c-paragraph paywall\">The Tasc report, the EU Minimum Wage Directive and the Battle for Social Europe, which was commissioned by Ictu, Siptu and the Financial Services Union. suggests the directive is already having a significant impact across Europe towards achieving its primary goal, an increase in minimum rates of pay.<\/p>\n<p class=\"c-paragraph paywall\">In Ireland, unions see one of the mechanisms set out in the directive to achieve this \u2013 the extension of collective bargaining coverage to at least 80 per cent of the workforce \u2013 as a primary objective.<\/p>\n<p class=\"c-paragraph paywall\">As Ireland currently falls far short of this level, under the directive, the Government is required to produce an action plan before the end of the year on how to meet that goal. However, with the pending court decision, this is now in doubt. <\/p>\n<p class=\"c-paragraph paywall\">Launching the Tasc report on Tuesday, senior economist Ois\u00edn Gilmore said a decision to annul the directive would have far-reaching consequences for the EU, its member states and citizens.<\/p>\n<p class=\"c-paragraph paywall\">\u201cIf the ECJ were to adopt [Mr] Emiliou\u2019s reasoning, it would not only undermine the directive,\u201d he said, \u201cbut it could also cast doubt on the legal foundation of other key EU rights, such as the right to annual paid leave and to pay replacement for maternity leave. <\/p>\n<p class=\"c-paragraph paywall\">\u201cSuch an outcome would erode trust in the EU\u2019s ability to deliver on the promises of social justice and economic fairness that underpin its legitimacy\u201d.<\/p>\n<p class=\"c-paragraph paywall\">Ictu general secretary Owen Reidy said the court should reject the case but that, even if it does not, both Ireland and the European Union must prioritise addressing low wages and in-work poverty. <\/p>\n<p class=\"c-paragraph paywall\">\u201cTo this end, governments here and across Europe must enhance trade union rights and promote collective bargaining by improving union access to workplaces, implementing protections against union-busting and safeguarding union representatives from discrimination.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"The annulling of the Adequate Minimum Wages Directive by the Court of Justice of the European Union (ECJ)&hellip;\n","protected":false},"author":2,"featured_media":60901,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5174],"tags":[31517,2000,299,5187,31518],"class_list":{"0":"post-60900","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-eu","8":"tag-collective-bargaining","9":"tag-eu","10":"tag-europe","11":"tag-european","12":"tag-minimum-wage"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@uk\/114422706539964196","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/60900","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/comments?post=60900"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/60900\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media\/60901"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media?parent=60900"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/categories?post=60900"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/tags?post=60900"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}