Right to collective action: European Commission withdraws legislative proposal on the right to strike | Practical Law

Right to collective action: European Commission withdraws legislative proposal on the right to strike | Practical Law

On 11 September 2012, the European Commission withdrew its proposal for a Regulation on the exercise of the right to take collective action within the context of the economic freedoms of the Single Market (new Monti II Regulation). National parliaments in 12 member states used the yellow card procedure, urging the Commission to amend or scrap the proposal, arguing that it breached rules on subsidiarity. (free access)

Right to collective action: European Commission withdraws legislative proposal on the right to strike

by PLC EU
Published on 13 Sep 2012 • European Union
On 11 September 2012, the European Commission withdrew its proposal for a Regulation on the exercise of the right to take collective action within the context of the economic freedoms of the Single Market (new Monti II Regulation). National parliaments in 12 member states used the yellow card procedure, urging the Commission to amend or scrap the proposal, arguing that it breached rules on subsidiarity. (free access)
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The European Commission, on 11 September 2012, withdrew its proposal for a Regulation on the exercise of the right to take collective action within the context of the economic freedoms of the Single Market (new Monti II Regulation). National parliaments in 12 member states used the yellow card procedure, urging the Commission to amend or scrap the proposal, arguing that it breached rules on subsidiarity. László Andor, the European Commissioner for Employment, Social affairs and Inclusion, made the announcement to members of the European Parliament Employment and Social Affairs Committee.
According to press resources, the European Commission, on 11 September 2012, decided to withdraw its proposal for a Regulation on the exercise of the right to take collective action within the context of the economic freedoms of the Single Market (new Monti II Regulation). National parliaments in 12 member states used the yellow card procedure, urging the Commission to amend or scrap the proposal, arguing that it breached rules on subsidiarity.
László Andor, the European Commissioner for Employment, Social affairs and Inclusion, made the announcement to members of the European Parliament (EP) Employment and Social Affairs Committee.
This is the first time since the entry into force of the Lisbon Treaty that national parliaments have triggered the yellow card procedure by adopting reasoned opinions opposing a Commission proposal.
The proposed new Monti II Regulation was part of a legislative package adopted by Commission on 21 March 2012, with the aim of boosting quality jobs and increasing competitiveness in the EU, while safeguarding workers' rights (see Legal update, Posting of workers: European Commission adopts proposals to increase the protection of workers posted abroad).
Background: The subsidiarity principle is enshrined in the Lisbon Treaty. It means that, except in the areas where it has exclusive powers, the EU acts only where action will be more effective at EU-level than at national level. Any national parliament may flag a proposal for EU action which it believes does not respect this principle. This triggers a two-stage procedure:
  • If one third of national parliaments consider that the proposal is not in line with subsidiarity, the Commission will have to re-examine it and decide whether to maintain, adjust or withdraw it.
  • If a majority of national parliaments agrees with the objection but the Commission decides to maintain its proposal anyway, the Commission will have to explain its reasons, and it will be up to the EP and the Council to decide whether or not to continue the legislative procedure.
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