The European working time directive conundrum : a sound regulatory framework or a legal quagmire?

Abstract

Over the last century, stakeholders such as the International Labour Organisation, various Governments and EU Institutions have all been instrumental in improving workers’ safety. In 2004, 25 Member States (MS) were obliged to transpose Directive 2003/88/EC (EWTD) ‘concerning certain aspects on the organisation of working time’ into their respective national legislation. This research examines how the Republic of Ireland and the Republic of Malta have implemented the EWTD into their respective statutory instruments. Evaluations of each MS’s implementation of the EWTD and Case Law have been utilised to establish if there is any merit to Nowak’s discourse that the EWTD is a legal quagmire.

The key issues identified in this research pertain to whether the ‘Weekly Working Time’ should be calculated on a ‘per worker’ or ‘per contract’ basis together with the impact of ‘Derogations’ and ‘Opt-Outs.’. Results show the tensions between National approaches to ‘Working Time’ legislation and how the respective Courts apply EU Law to foster a higher degree of legal certainty.

The final Chapter addresses the EWTD’s limitations and makes further recommendations to the current status quo regarding the ‘Opt-Out’ provision and concludes that the EU Institutions should endeavour to wade their way out of this quagmire, in order to ensure that workers’ safety remains paramount. Therefore, there is merit to Nowak’s argument that the Commission’s attempts to address the current lacunae have resulted in a deadlock amongst EU Institutions.