EPSU case: Strong and effective social dialogue is needed more than ever

On September 2, 2021, the Court of Justice of the EU ruled against an appeal by the European Federation of Public Service Unions (EPSU) against the European Commission’s discretion to decide which social partners agreements should be proposed to the Council to become EU law.

On September 2, 2021, the Court of Justice of the European Union issued its verdict on the implementation of the 2015 EU social partners agreement on information and consultation of workers in central administrations dismissing the appeal of the European Public Service Union (EPSU) against the Court of First Instance. The case (C-928/19P) concerned the refusal by the European Commission to submit to the Council a proposal for a decision implementing the agreement signed by TUNED (CESI and EPSU) and the employers’ platform EUPAE.

CESI Secretary General Klaus Heeger expressed his disappointment: ‘CESI co-signed the agreement in 2015, and when EPSU had announced legal action against the Commission’s decision, we of course supported their case. The implementation of the agreement at EU level was supposed to provide civil servants and employees of central government administrations in the Member States with a minimum level of information and consultation. Three years later, we see that the Court of Justice came to a decision that not only denies the access to information and consultation rights for millions of workers, but also weakens social dialogue and, to a certain degree, the EU social partners´ autonomy. However, the Court also reiterated the General Court´s and the Advocate General´s findings, namely that the European Commission has important discretionary powers when it comes to EU social dialogue. CESI has continuously argued that those should be used to promote and facilitate a more inclusive social dialogue – while respecting the social partners’ full autonomy for the initiation of collective bargaining and, given the case, the conclusion of collective agreements.’

In the aftermath of the recent ruling, CESI believes that active and sincere cooperation among the social partners and the institutions and bodies of the European Union is needed to address the current challenges in sectoral social dialogue and to revitalize its functioning.

In this frame, CESI welcomes the Commission’s plan to review the European sectoral social dialogue, with a view to improve its effectiveness, accountability, legitimacy, popularity, and acceptance among the workforces. ‘We stand ready to deliver our part for a more inclusive and accepted sectoral social dialogue´, Klaus Heeger commented.

Read CESI’s full statement on the proposed review of the EU sectoral social dialogue here.