Legal basis for minimum wage legislation

11.2.2020

Priority question for written answer P-000809/2020
to the Commission
Rule 138
Kira Marie Peter-Hansen (Verts/ALE)

Commission President Ursula von der Leyen has announced that the Commission will be proposing a legal instrument to bring in a fair minimum wage for all workers in the EU.

A College of Europe research paper [1] makes the point, however, that the Commission does not have the authority to introduce wage legislation under Article 153(5) TFEU.

• 1.What legal basis will the Commission use in order to propose a fair minimum wage?
• 2.If the Commission does take Article 153(5) TFEU as the legal basis, how does it think that will be compatible with the wording of the article, which reads: ‘5. The provisions of this Article shall not apply to pay, the right of association, the right to strike or the right to impose lock-outs.’ [2]

• [1] https://www.coleurope.eu/research-paper/confronting-competence-conundrum-eu-directive-minimum-wages-search-legal-basis.
• [2] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12016E153