Tagged: Employment law

(Any) relevance of the European Pillar of Social Rights for EU law?

by Zane Rasnača

Today on 17 November 2017 the European Parliament, the Council and the European Commission will proclaim the European Pillar of Social Rights (EPSR). Accused of going much too far by some and for falling disappointingly short by others the EPSR has caused a stir. This turmoil, however, has mainly been political, and the EPSR has received comparatively little attention from EU lawyers. Probably duly so because the EPSR, despite its political salience, is a soft law instrument without legally binding force and such instruments are rarely noticed.

Here, however, I argue that while its overall impact on the EU acquis in all likeliness will be underwhelming, the EPSR nevertheless deserves a closer look, especially when the context of the initiative and the CJEU’s case law on similar soft law measures are considered. A closer look also allows one to find at least some hope concerning its enforceability. The future of the EPSR depends largely on how it will be treated by the stakeholders, and here the judicial arenas should be activated if there is no meaningful enforcement actions following from the EU political actors and the member states. Continue reading

After the referendum and before Brexit… Where now for workers’ rights in the EU?

By Rebecca Zahn

The British referendum on the country’s continued membership of the EU has dominated the political and media landscape both in the UK and abroad for the last few months. There has been a plethora of academic commentary on the possible consequences of a British exit (‘Brexit’). On 23 June, based on a turnout of 72%, 52% of the electorate voted for Leave, while 48% supported Remain. This narrow majority disguises dramatic differences between different regions: Scotland, Northern Ireland and large parts of London voted to Remain whereas substantial sections of Wales and most of England voted to Leave.

In the run-up to referendum day, workers’ rights were invoked repeatedly by both sides of the campaign as either a reason to back or oppose Brexit. Leave campaigners, such as Patrick Minford, Professor of Economics at Cardiff Business School, argued that the UK needed to reset its relationship with the EU to ‘jettison excessive protection and over-regulation, notably in the labour market’. Domestic employment laws originating from the EU legislature, such as the much vilified Working Time Directive, have often been described as a burden on business, inflexible, uncompetitive and inefficient. On the other hand, Remain campaigners such as Frances O’Grady, General Secretary of the British Trades Union Congress (TUC), warned repeatedly that ‘working people have a huge stake in the referendum because workers’ rights are on the line’ and the link between the UK’s membership of the EU and better protection of workers’ rights featured heavily in campaign material opposing Brexit. Continue reading

Case C-354/13 Kaltoft v Municipality of Billund –Can obesity be a disability under EU equality law?

By Sara Benedi Lahuerta

According to 2012 OECD data, 52% of EU adults are overweight or obese. It is thus not surprising that the recent decision of the Court of Justice of the European Union (CJEU) in Kaltoft (Case C-354/13), on whether obesity discrimination can amount to disability discrimination, has created quite a stir in the press. Following Advocate General (AG) Jääskinen’s Opinion, some media suggested that ‘Severe obesity is a disability’. As will be discussed in this post, the CJEU did not quite go as far as to accept that obesity is a disability, but it did recognise that, in some cases, differential treatment on the basis of obesity can amount to disability discrimination. Hence, this judgment marks another step forward towards clarifying the scope of EU equality law and bringing about a consistent application at national level.

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