The European Commission and the European Public Service Union (EPSU) met before the European Union General Court on Thursday 23 May for a 4-hour hearing on a case which set them against each other (T-310/18).
In December 2015, EPSU and EUPAE (European Public Administration Employers), which represents employers' organisations for public administrations, reached an agreement that civil servants working for central government (such as ministries, for example) should enjoy the same information and consultation rights as private sector workers.
In the light of this they had asked the Commission to forward a proposal to the Council of the EU, which the Commission finally rejected at the beginning of 2018 after a long period of time had elapsed (see EUROPE 11977/20). The unions therefore filed a complaint with the General Court.
“This is a major issue for the future of social dialogue at European level. The court's ruling will determine the weight of the social partners at European level in the development of social standards and in the field of employment law”, Jan Willem Goudriaan, EPSU Secretary General, told EUROPE.
As he went on to explain: “The Commission is going against the European treaties. Normally, when the European social partners reach an agreement, it has to forward it to the Council of the EU when the partners so request and when the text of the agreement conforms to the European treaties”. He concluded: “To do otherwise would not respect the autonomy of the social partners and would amount to inviting oneself to the negotiating table!”
When contacted by EUROPE, the Commission explained its position. In this case, the European institution has decided not to “transform” this agreement into European legislation, a spokesman explained. The structure and organisation of central government administrations are at national level, according to the latter, in accordance with the principle of subsidiarity.
This was the only hearing. The court is expected to issue its judgment by the end of the year. “If the judgement upholds the Commission, then European social dialogue will be in a very complicated situation, as the social partners will be in conflict with the European Commission”, warns the EPSU Secretary General, recalling the emergency resolution adopted by the European Trade Union Confederation (ETUC) earlier this week (see EUROPE 12259/20). (Original version in French by Pascal Hansens)