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The Commission’s proposal for a European Minimum Wage : Another ultra vires challenge for the EU?

Gill-Pedro, Eduardo LU (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.
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author
organization
publishing date
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},
  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},
}