Should the EU Have the Power to Set Minimum Standards for Collective Labour Rights in the Member States?
This chapter argues that European Union (EU) law is heavily dependent on the effective protection of collective labour rights in the member states. Where that protection falls short, both the legitimacy and the effectiveness of EU law may be undermined. This chapter looks at the potential problems that might arise as a result of the EU's reliance on the member states to protect collective labour rights. It also examines whether there is a real risk of a member state failing to protect collective labour rights. Furthermore, it assesses whether the EU's existing involvement in collective labour rights is sufficient to guard against the risks. Later, it is argued that the EU ought to have the power to set minimum standards on collective labour rights in the member states. Finally, this chapter considers whether giving the EU this power would be consistent with the doctrine of subsidiarity.
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