EU judges dilute the role of social partners in European social policy making

Is the European Commission required to implement an agreement concluded between European social partners as part of the consultation procedure intended by the Treaty? In a ruling handed down on 24 October, the Tribunal of the European Union ruled that the European Commission, which has sole authority in terms of social policies even if the social partners have used their rights to negotiate such an agreement. For the Luxemburg Court, the European Commission remains the guardian of the general interest, while the social partners 'represent only one part of multiple interests that must be taken into account in the development of the social policy of the European Union.'
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

In 2015, the social partners sitting on the Social Dialogue Committee for Central Government Administrations –– namely the Trade Unions’ National and European Administration Delegation (TUNED), on the one hand, and the European Public Administration Employers (EUPAE), on the other hand, concluded an agreement entitled ‘General framework for informing and consulting civil servants and employees of central government administrations’, which stemmed from the requirement for consultation with the European social partners on social initiatives launched by the European Commission.

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
Spain: introduction of sick leave for menopause-related symptoms
The news. As of 1 December, female employees in Spain suffering from an incapacitating condition associated with menopausal symptoms will be eligible for specific sick leave, paid from the very...
UK: government promises human rights due diligence bill
The news. On 4 November, the government promised, through Business Secretary Jonathan Reynolds before the House of Lords, the statutory introduction of human rights due diligence in the UK. It...
5 November 2026
UK: new protection measures against “fire and rehire” postponed to March 2027 
On 22 October, the UK government announced the postponement of the coming into force of measures aimed at restricting "fire and rehire" and "redundancy and re-employment", provided for under the...
5 November 2026
EU: several social texts promised for 2027
The news. On 4 November, the European Commission presented its work programme for 2027. While the focus is once again on simplification, several social texts have been announced. The European...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Living wage still struggles to align with social dialogue (study)
As part of its summer school on social dialogue, the ILO commissioned a study on the living wage. This concept, which takes workers' needs into account when determining wage levels and which major...
9 October 2026
2
EU: Commission to launch a business coalition against modern slavery
The news. On 16 October, the European Commission presented a new strategy to combat human trafficking. While labour exploitation reported by the authorities rose by 17% between 2021-2022 and...
19 October 2026
3
UK: government promises human rights due diligence bill
The news. On 4 November, the government promised, through Business Secretary Jonathan Reynolds before the House of Lords, the statutory introduction of human rights due diligence in the UK. It...
5 November 2026