EU: Left protests minimum wage opinion

S&D party protests judicial opinion recommending AMWD be struck down, raising questions about political interference in court proceedings

Key points: Centre left S&D group MEPs held a seminar in the EU parliament whose purpose was to protest protested against an Advocate General's opinion recommending the AMWD be struck down. Doubts expressed about the AMWD's impact on collective bargaining and union membership 

Why this matters: This raises concerns about potential political interference in judicial proceedings. Why did the S&D doing hold the event? Was it attempting to influence the judicial process and put pressure on the Court? What other purpose did it serve? Imagine the outcry from the S&D and the unions if the Advocate General had recommended that the Court uphold the Directive against the challenge of the Danish government and the centre-right EPP had organised a seminar to pressurise the Court to reject the opinion and strike down the Directive. 

If we believe in the rule of law, and we should, best to let judicial proceedings run their course. It is always open to politicians afterwards to change the law if judicial interpretation is not to their liking. But for that you need votes in elections and a majority in Parliament and the Council. 

This situation highlights the tension between political aspirations and legal frameworks in EU employment law. It also underscores the challenges in implementing EU-wide labor standards.

What might happen next: The CJEU will make a final decision on the AMWD and we will then see the potential political fallout, depending on the Court's ruling. Will there be legislative attempts to address minimum wage issues if the directive is struck down?

The last word: The belief of the unions in the redemptive powers of the AMWD seems to us entirely misplaced. Whatever the law may do for the level of minimum wages across Europe, it seems unlikely to do much to extend collective bargaining coverage or reboot union membership. Across Europe, governments have been lukewarm in its implementation, even when they have gotten around to doing so.

You can view the seminar on YouTube