The Turbulent Life of the Working Time Directive
Maastricht Journal of European and Comparative Law, vol. 25, no. 1, pp. 118-129, 2018; DOI/10.1177%2F1023263X18760547
University of Groningen Faculty of Law Research Paper No. 16/2019
Posted: 28 May 2019 Last revised: 18 Jun 2019
Date Written: May 1, 2018
Abstract
The case of the Working Time Directive (WTD) is a prime example of a failed attempt by the Member States and the Commission to counter rulings of the European Court of Justice (CJEU) by legislative overrule. Outsourcing the decision making process to the social partners also did not deliver the desired results. After years of trying to reform the WTD, the Commission changed its strategy and issued an interpretive communication instead. However, it is doubtful that this communication will solve all that is wrong with the WTD. What were the obstacles to legislative overrule in this case? What other strategies in avoiding the consequences of CJEU rulings do the Member States apply? What will the future of WTD look like?
Keywords: Working Time Directive, Court of Justice of the EU, interaction of law and politics, EU legislative process, (failed) legislative overrule
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