The Commission’s proposal for a European Minimum Wage : Another ultra vires challenge for the EU?
(2020)- Abstract
- On 3 June 2020, the Commission issued the second phase of the consultation on possible EU action on fair minimum wages. The proposed action reflects the commitment made by the President of the Commission, Ursula von der Leyen to “propose a legal instrument to ensure that every worker in our Union has a fair minimum wage” within the first 100 days of her mandate. In this entry,I will consider is whether the legal basis on which the Commission seeks to rely on provides the EU with the necessary competence to enact the proposed measures. The argument advanced is that the Commission overestimates the degree of flexibility provided by the Treaty provisions, and that the proposed measures would likely be ultra vires.
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/5f19689a-8c74-42ef-b8bc-007fb251eaf6
- author
- Gill-Pedro, Eduardo LU
- organization
- publishing date
- 2020-06-23
- type
- Other contribution
- publication status
- published
- subject
- keywords
- EU Law, Social Law, Competence, Ultra Vires, Labour law, EU-rätt, Socialrätt, Arbetsrätt
- language
- English
- LU publication?
- yes
- id
- 5f19689a-8c74-42ef-b8bc-007fb251eaf6
- alternative location
- https://europeanlawblog.eu/2020/06/23/the-commissions-proposal-for-a-european-minimum-wage-another-ultra-vires-challenge-for-the-eu/
- date added to LUP
- 2020-09-30 10:38:32
- date last changed
- 2020-09-30 13:50:40
@misc{5f19689a-8c74-42ef-b8bc-007fb251eaf6, abstract = {{On 3 June 2020, the Commission issued the second phase of the consultation on possible EU action on fair minimum wages. The proposed action reflects the commitment made by the President of the Commission, Ursula von der Leyen to “propose a legal instrument to ensure that every worker in our Union has a fair minimum wage” within the first 100 days of her mandate. In this entry,I will consider is whether the legal basis on which the Commission seeks to rely on provides the EU with the necessary competence to enact the proposed measures. The argument advanced is that the Commission overestimates the degree of flexibility provided by the Treaty provisions, and that the proposed measures would likely be ultra vires.}}, author = {{Gill-Pedro, Eduardo}}, keywords = {{EU Law; Social Law; Competence; Ultra Vires; Labour law; EU-rätt; Socialrätt; Arbetsrätt}}, language = {{eng}}, month = {{06}}, title = {{The Commission’s proposal for a European Minimum Wage : Another ultra vires challenge for the EU?}}, url = {{https://europeanlawblog.eu/2020/06/23/the-commissions-proposal-for-a-european-minimum-wage-another-ultra-vires-challenge-for-the-eu/}}, year = {{2020}}, }