Interim-Working time, Parliament regains control!
(B2) By adopting the "temporary work" directive without voting on any amendments, by a very large majority, the European Parliament Employment Committee sent a clear signal to the Member States. One cannot "violate" the democratic will.
By refusing to take account of Parliament's major amendments to the working time directive (considering on-call time as working time, limiting derogations from working time), then by linking two dossiers which had nothing to do with the one to the other (temporary work and working time), if not to allow certain States to accept one dossier or the other, the 27 EU Labor Ministers (see the Battle of Trafalgar *) had cornered the European Parliament, in the form of an ultimatum: the "interim" text brings you satisfaction, also accept the text on working time, it is a global package, undoable.
The Council's dangerous game, for two reasons.
- It circumvents democratic representation, thus violates the balance desired by the Treaty between the two branches of legislative power (Parliament = representation of citizens, Council of the EU = representation of States) and undermines judicial control (it should be remembered in that the main purpose of this directive was to restore the position of the Member States which had been deemed contrary to Community law on several occasions by the Court of Justice).
- The Member States have in fact intervened more in this dossier as stakeholders (on-call time essentially concerns the public sector, and the State or the public authorities as employer), than as legislators. Their objective was not to improve the legislation, or the social situation of employees or public officials, but quite simply to ensure the sustainability of their
annual budget. Basically a budgetary objective (admittedly beneficial) but far from the primary objective of the directive: the health and safety of workers. It was neither more nor less than a diversion of procedure (at least as the lawyers could qualify it).
Democratic representation must be able to exercise its role
The European Parliament (we still have to wait for the vote in plenary, scheduled for the next October session in Strasbourg) now has a major card in hand. If it adopts the directive on temporary work without amendments, it ratifies its final adoption, without further reading (the text is adopted as soon as the two branches of legislative power in Europe, Parliament and Council, are in agreement).
And he thus finds room for maneuver to really "negotiate" on the working time directive. The link between the two texts has - indeed - only a political value, and even that only commits the Member States of the Council ("promises only commit those who believe in them", one could paraphrase") And I believe that several Member States (and not the least), mezzo vocce of course, would not be unhappy with this (re)takeover of power by Parliament.
Beyond the text at stake, this is therefore a major issue for the European Parliament, which will have to prove its ability to be able to negotiate as equals with the States. A democratic test also...
The battle for working time is therefore not over!
(NGV)
(*) To stay in history, remember that Nelson died of a machine gun during this famous battle. Do not see any sign for the country concerned...