Second reading of the proposal for a directive on minimum wages

13.7.2022

Question for written answer  E-002577/2022
to the Commission
Rule 138
Jorge Buxadé Villalba (ECR)

On 12 July 2022, the Committee on Employment and Social Affairs voted on the provisional agreement resulting from interinstitutional negotiations[1] on the proposal for a directive on minimum wages.

In the light of that text:

• 1.Why is it that, although this text contains binding and very important rules on the representation and collective defence of workers’ interests, Article 153(1)(f) TFEU is not included in the legal basis of the proposal, thus removing the requirement laid down in Article 153(2) TFEU for unanimity in the Council?
• 2.Why is it that, although the proposal concerns pay, the Commission has, in breach of the principle of legality and in circumvention of the law, completely left out Article 153(5) TFEU and sought, instead, to rely on Article 153(1)(b) TFEU?
• 3.Is Article 153(5) TFEU not a special law in comparison with the general law laid down in Article 153(1)(b)? Is pay not one of the conditions of employment? Recital 17 of the proposal – in my opinion, and without prejudice to the Commission’s answer to this question – expressly states that it is.

• [1] https://www.europarl.europa.eu/meetdocs/2014_2019/plmrep/COMMITTEES/EMPL/AG/2022/07-11/1258585EN.pdf