January 23
2022
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7th September 2021
Employment & Immigration Institutional law

Op-Ed: “The European Commission has the capacity to reject a social partners’ proposal for a Directive under Article 155 TFEU” by José María Miranda Boto

The issue of the EU’s social deficit has been on the floor in recent decades. The participation of social partners − ‘management and labour’ in the language of the TFEU − in the legislative procedure was one of the mechanisms that was created to improve this situation. First through the Maastricht Protocol, then consolidated in Amsterdam, the dialogue between them at the highest European level is currently regulated in Articles 154 and 155 TFEU.

Since Maastricht, this procedure led, at first, to the passing of such important pieces of legislation as Directive 97/81 on part-time contracts and Directive 1999/70 on fixed-term contracts, among others. Then came a decade of sector-based law-making, that dealt mainly with transnational

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