Abstract

The EPSU judgment of the General Court of 24 October 2019 constitutes a major setback in the history of the European Social Dialogue. It demonstrates that two major EU institutions (the Commission and the Court of Justice) have failed to recognize and promote the role of the social partners at its level, as is being prescribed in Article 152 TFEU. The approach of the General Court is criticized for its choice to give priority to provisions empowering institutions instead of European citizens. It fails to understand the rationale behind the institutionalisation of the European Social Dialogue as a technique to strengthen the role of the European legislator by creating a conflict between the role of the European Commission and the role of social partners and disqualifiying the directive implementing agreements as a legislative act. Last but not least, the Court tends to reduce subsidiarity to its vertical dimension and has failed to do justice to the need to reduce inequality in the field of information and consultation rights.