On the Duty to Implement European Framework Agreements: Lessons to be Learned from the Hairdressers Case

Abstract

Abstract In this article, the authors assess the decision of the European Commission, in March 2018, not to implement a European Framework agreement concluded at sectoral level (the Hairdressers Agreement), despite a joint request to do so from the signatory parties. They argue that the decision was not consistent with the criteria relied on by the Commission to make it. In particular, the Commission’s refusal was contrary to the formal obligation enshrined in Article 155(2) Treaty on the functioning of the European Union (TFEU) to table a proposal to turn an Agreement of this kind into a Directive. Their analysis is based on, among other things, the duty to respect the autonomy of the social partners in Article 152 TFEU, and the recognition of the right to collective bargaining in Article 28 CFREU.