Reshaping EU working-time regulation : towards a more sustainable regime
The European Commission’s 2015 Roadmap on work-life balance cites a comprehensive policy and regulatory approach as essential to addressing the interrelated goals of reconciling work and family, the sharing of care work between women and men, and attaining substantive g... View more
6 Council Directive 93/104 EC concerning certain aspects of the organization of working time,  OJ L307/18 (repealed) repealed); Council Directive 2003/88 EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organization of working time,  OJ L 299/9.
7 See Alain Supiot (ed), Beyond Employment: Changes in Work and the Future of Labour Law in Europe (OUP 2001). More recently, Davies observed that in its focus on limiting excessive work the Directive no longer represents a coherent approach to the problem of hours regulation in the modern world: Anne Davies, 'Regulating Atypical Work: Beyond Equality' in Nicola Countouris and Mark Freedland (eds), Resocialising Europe in a Time of Crisis, 230-249 (OUP 2013).
8 Council Directive 93/104 EC concerning certain aspects of the organization of working time,  OJ L307/18 (repealed); Council Directive 2003/88 EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organization of working time,  OJ L 299/9.
9 The Directive's health and safety function was significantly circumscribed by the amount of flexibility that was introduced into it over the course of inter-governmental bargaining period preceding its adoption. Exclusion of a number of sectors and a range of derogations from its key provisions, that could be introduced through legislation or collective agreements, or individually agreed to. As noted by a number of commentators at the time noted this internal dissonance rendered the Directive a bizarre compromise. See Catherine Barnard, 'The Judgment of the ECJ in United Kingdom vs. Council - The Working Time Directive' in Catherine Barnard, Alan Dashwood, and Bob Hepple (eds), The ECJ's Working Time Judgment: The Social Market Vindicated (1997) Centre for European Legal Studies (CELS) Occasional Paper 1; Jeffrey Kenner, 'Re-evaluating the Concept of Working Time: An Analysis of Recent Case Law' (2004) 35(6) IRJ 588.
10 Council Directive 96/34/EC of 3 June 1996 on the Framework Agreement on Parental Leave Concluded by UNICE, CEEP and the ETUC,  OJ L145/4, amended by Council Directive 97/75/EC of 15 December 1997,  OJ L 10/24.
11 Council Directive 97/81/EC of 15 December 1997 on the Framework Agreement on Part-time Working  OJ L14/9, amended by Council Directive 98/23/EC of 7 April 1998,  OJ L 131/10.
13 Commission of the European Communities, Charter of the Fundamental Social Rights of Workers. Luxembourg: Office of the Official Publications of the European Communities, 1990) (hereinafter Social Charter).
14 Indeed, the inclusion of wide-ranging derogations and exceptions from the Directive's protective standards - all in the interest of flexibility - had some even suggest that the key impetus behind the instrument was deregulatory: Graham Moffat, 'Competition, Competitiveness and Re-Regulating the Labour Market: The Working Time Directive' (1997) 6 (1) NLJ 46. The fact that several Member States subsequently reregulated their national working-time regimes by drawing on the Directive's flexibility provisions tends to support such a claim, albeit the fallout of the European Court of Justice (ECJ) rulings on the scope of “working time” certainly contributed to this process. See: Wiebke Düvel, 'New Times for the Working Time Directive?' (2003) ETUY 2003/2004 177; Steven Hardy, 'Harmonising European Working Time in an Enlarged EU: A Case of Failed “Humanisation”?' (2006) 22 (4) IJCLLIR 563; Ania Zbyszewska, 'The European Working Time Directive: Keeping the Long Hours with Gendered Consequences' (2013) 39 (1) WSIF 30; Ania Zbyszewska, Gendering European Working Time Regime: The Working Time Directive and the Case of Poland (CUP 2016 forthcoming).
15 Bob Hepple, 'The Implementation of the Community Charter of Fundamental Social Rights' (1990) 53 MLR 643; Simon Deakin and Frank Wilkinson, 'Rights vs. Efficiency' (1994) 23 (4) ILJ 289; Moffat 1997, ibid.