The EU Directive on Adequate Minimum Wages: Context, Commentary and Trajectories

Acknowledgements
Contents
List of Contributors
Abbreviations
Table of National Court Decisions
Table of CJEU Cases
Table of Legislation
1. Introduction: Regulating Minimum Wages as a Fundamental Challenge for EU Law
	I. Context
	II. Structure of the Book
	III. An Overall Approach to Adequate Minimum Wages
PART I: CROSS-CUTTING THEMES
	2. In Search of Adequacy in Contemporary Labour Markets
		I. Introduction
		II. The Functions of the Wage
		III. Market-Correcting Conceptions of Minimum Wages, and the \'Competitive Wage\' Model of Adequacy
		IV. Minimum Wages Today and the AMW Directive
	3. Choosing a Tightrope Instead of a Rope Bridge – The Choice of Legal Basis for the AMW Directive
		I. Introduction
		II. Walking the Tightrope: Article 153 TFEU
		III. Forgoing the Rope Bridge: Article 175(3) TFEU
		IV. Conclusion: The Bigger Picture
	4. The Impact of the AMW Directive on EU Labour Law
		I. Introduction
		II. Wage-setting as an Object of EU Policy
		III. Minimum Wage as a Fundamental Right in the EU and in International Labour Law
		IV. Wages as Factor Costs versus Wages as a Means of Subsistence
		V. Social Security – More than Minimum Wages
		VI. Conclusions
	5. The Legal Institutions of Industrial Relations on Wage-setting
		I. Introduction
		II. A Preliminary Question about Wage-setting: The Economic and Political Nature of Wage Adequacy as Market Competition Rule
		III. The Legal Source of the Adequate Wage: The Issue of Labour Market Demarcation
		IV. The Competition between Wage-Setting Legal Sources: The Issue of Enforceability of Collective Agreements
		V. Adequacy of Statutory Minimum Wage: Social Partners\' Involvement and the Indirect Wage Authority of Industrial Relations
		VI. Conclusions. Wage Adequacy is the Adequacy of the Wage-Setting System by Strengthening Industrial Relations
	6. The Collective Bargaining Directive in Disguise – How the European Minimum Wage Directive Aims to Strengthen Collective Bargaining
		I. Introduction
		II. Key Provisions on the Promotion of Collective Bargaining in the AMW Directive
		III. The State of Collective Bargaining in the EU
		IV. Measures and Instruments to Increase Collective Bargaining Coverage
		V. Recent Initiatives to Strengthen Collective Bargaining at National Level
		VI. Conclusion
	7. Minimum Wages in OECD Countries
		I. Introduction
		II. OECD Countries are Making Increasing Use of Statutory Minimum Wages
		III. Minimum Wage and Collective Bargaining: An Increasingly Complementary Relationship
		IV. Minimum Wages Interact Closely with the Tax and Benefit System
		V. Despite its Increasing Use, the Economic Effects of the Minimum Wage Remain a Source of Discord
		VI. Minimum Wage-setting Mechanisms Differ Significantly across OECD Countries
		VII. Concluding Remarks
	8. The Directive on Adequate Minimum Wages and the Revival of a European Social Union
		I. This Time is Different
		II. Steps to Build a European Social Union
		III. The EPSR as Watershed
		IV. Inequalities and In-work Poverty as Novel Policy Targets
		V. Conclusion: Hard on the Outside, Soft on the Inside
	9. Constitutionalisation and Social Rights – A Fundamental Right to Adequate Minimum Wages?
		I. Introduction
		II. General Doctrinal Aspects
		III. Legal Sources for a Fundamental Right to Adequate Minimum Wages
		IV. Constitutionalism in the Court of Justice\'s Social Policy Case Law
		V. Implications of a (Potential) European Fundamental Right to Adequate Minimum Wages
		VI. There is no Fundamental Right to Adequate Minimum Wages that is Mandatory, Unconditional in Nature and Sufficient in Itself
PART II: COMMENTARY OF THE TEXT OF THE DIRECTIVE
	10. Subject Matter (Article 1)
		I. Introduction
		II. Content
		III. Concluding Analysis
	11. Scope (Article 2)
		I. Introduction
		II. Understanding the Hybrid Formula Adopted by the AMW Directive. The CJEU\'s Elaboration on the Concept of \'Worker\'
		III. The Implications of the CJEU\'s Elaboration: Moving Employment Protections Beyond the Employment Contract
		IV. The Meaning of the Reference to the CJEU Elaboration for the Interpretation of Article 2 of the AMW Directive
		V. Conclusions
	12. Definitions (Article 3)
		I. Introduction
		II. Content
		III. Concluding Analysis
	13. Promotion of Collective Bargaining on Wage-Setting (Article 4)
		I. Introduction
		II. Content
		III. Conclusions: Half a Loaf is Better than None
	14. The Procedure for Setting Adequate Statutory Minimum Wages (Article 5)
		I. Introduction
		II. Content
		III. Conclusion
	15. Variations and Deductions (Article 6)
		I. Introduction
		II. Content
		III. Conclusions
	16. Involvement of the Social Partners in the Setting and Updating of Statutory Minimum Wages (Article 7)
		I. Introduction
		II. Content
		III. Concluding Analysis
	17. Effective Access of Workers to Statutory Minimum Wages (Article 8)
		I. Introduction
		II. Content
		III. Concluding Analysis
	18. Public Procurement (Article 9)
		I. Introduction
		II. Content
		III. Concluding Analysis
	19. Monitoring and Data Collection and Information on Minimum Wage Protection (Articles 10 and 11)
		I. Introduction
		II. Content
		III. Concluding Analysis
	20. Right to Redress and Protection against Adverse Treatment or Consequences (Article 12)
		I. Introduction
		II. Content
		III. Concluding Analysis
	21. Penalties (Article 13)
		I. Introduction
		II. Penalties and the Right to an Effective Judicial Remedy
		III. Relationship to Other Provisions in the AMW Directive and Other Legal Instruments
		IV. Content
		V. Typology of Sanctions
		VI. Concluding Remarks
	22. Final Provisions (Articles 14–19)
		I. Introduction
		II. Justifying Results
		III. Determining the Exercise of National Authorities\' Discretion
PART III: THE IMPACT OF THE DIRECTIVE IN THE MEMBER STATES
	23. Austria
		I. Introduction
		II. Implications for Austria
		III. Conclusions
	24. Baltic States
		I. Introduction
		II. Key Economic Indicators
		III. Legal Grounds for Setting the Minimum Wage
		IV. The Implications of the Directive on the National Minimum Wage Setting
		V. Conclusions
	25. Belgium
		I. Introduction: (Adequate) Wage-setting in Belgium
		II. The Implications of the AMW Directive on National Wage-setting
		III. Conclusions
	26. Croatia and Slovenia
		I. Introduction on Wage-setting
		II. The Implications of the AMW Directive for National Wage-setting
		III. Conclusions
	27. Cyprus and Greece
		I. Introduction
		II. The Wage-setting System in Greece: An Overview
		III. The Implications of the AMW Directive on Wage-setting in Greece
		IV. The Wage-setting System in Cyprus: An Overview
		V. The Implications of the Minimum Wage Directive on Wage-setting in Cyprus
		VI. Conclusions
	28. France
		I. Introduction
		II. Implications of the Directive on National Wage-setting
		III. Conclusions
	29. Germany
		I. Introduction
		II. Implications of the Directive on National Wage-setting
		III. Conclusion
	30. Hungary
		I. Introduction
		II. Wage-setting
		III. Scope of Application
		IV. Promotion of Collective Bargaining Coverage
		V. Promotion of Adequate Statutory Minimum Wages
		VI. Effective Access, Monitoring and Data Collection
		VII. Conclusions
	31. Iberian States
		I. Introduction: The AMW Directive and its Possible Transposition to Iberian States
		II. Portugal
		III. Spain
		IV. Conclusion: Two Countries but Minor Differences
	32. Ireland
		I. Introduction
		II. Implications of the AMW Directive
		III. Conclusion
	33. Italy
		I. Introduction: A Shocking 30-Year Wage Stagnation
		II. The Italian \'Salary Issue\': The Deconstruction of the National Wage Bargaining Model
		III. Social and Wage Dumping in Public Procurement and Supply Chains
		IV. The Possible Impact of the AMW Directive
	34. Poland
		I. Introduction
		II. Poland versus Minimum Wage: Antecedents
		III. Towards Adequate Minimum Wages in Poland
		IV. Conclusions
	35. Scandinavian States
		I. Introduction
		II. The General Approach to the AMW Directive in Denmark and Sweden
		III. The Implications of the AMW Directive on Wage-setting in Denmark and Sweden
		IV. Conclusions
Appendix
Index