The Court of Justice of the European Union (CJEU) will analyze whether to annul the European directive that created the minimum wage, which in Spain is 1,134 euros per month. There is still no date for the sentence. However, an attorney general of the Court has taken a position this Thursday in favor of annulling the European directive, adopted in 2022, under the argument that the EU does not have powers to regulate the remuneration of workers.
The conclusions of the EU attorneys general come a few months before the CJEU rules. However, they are not binding for the sentence. At times, the court has ruled differently than the attorney general’s opinion.
The European Trade Union Confederation has described the lawyer’s position as “very controversial” and considered that poses a threat to the “most important European legislation for workers” in a generation.”
The case comes from Denmark
The European lawyer spoke in response to the appeal presented by Denmark, with the support of Sweden, to annul a directive that they had opposed from the first moment on the grounds that it interferes with their wage-setting models based on collective bargaining.
The lawyer supports one of the arguments presented by Copenhagen and considers that the directive should be annulled for failing to comply with the Treaty on the Functioning of the EU, which allows the bloc to adopt directives to establish minimum requirements regarding working conditions but makes it clear that these powers do not They extend to regulating the remuneration of workers, among other aspects.
Thus, it agrees with Denmark against the criteria of the community institutions and eight Member States that intervened in the case in support of the directive, including Spain, France, Germany and Portugal.
The standard, adopted in 2022, establishes measures to ensure that countries with a minimum wage set by law establish it at decent levels and update it, and that in States where it is determined through collective bargaining, it covers the majority of workers. ; but it does not establish a common minimum wage for the Twenty-Seven. In Spain, the minimum interprofessional salary stands at 15,876 euros gross per year, although the Government intends to increase it this year by 50 euros more per month.
The European Trade Union Confederation considered in a statement that the opinion of the Advocate General does not take into account the general objective of the directive of avoiding unfair competition based on low wages, nor several legal precedents that support the competence of the EU to regulate aspects linked to the protection of remuneration, as well as ignoring the European Social Charter.
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