Court blocks agreement

The European Court of Justice, the EU’s highest court, has backed an earlier judgment that the European Commission, the EU’s civil service, is free to refuse to implement agreements between European-level unions and employers signed under the “social dialogue” process.

The agreement in question was signed in 2015 by unions, led by the European Federation of Public Service Unions (EPSU), and EUPAE, the employers’ organisation for central government administrations.

It extended the information and consultation rights available to other workers to those working in central government.

In line with past practice and the EU’s main treaty, both EPSU and the employers expected the Commission to introduce European-level legislation giving legal force to the agreement. However, the Commission refused to do this and EPSU went to court.

The latest judgment confirms the position that the Commission has full discretion over what to do with agreements between unions and employers.

Jan Willem Goudriaan, EPSU’s general secretary, described the ruling as “very damaging” and said it was not acceptable for the Commission “to say it supports social dialogue but then do the opposite”.

Esther Lynch, deputy general secretary of the European Trade Union Confederation, said it “does nothing to help the European Commission convince working people that it is on their side”.