Task 1

Question 1
When you think about labour law, what are the typical topics that are addressed by
national legislation? How does this relate to EU labour law?
Labour law focuses on the regulation of the relationships between employers,
employees, trade unions, and the government. National labor laws typically address a
wide range of topics, some of which include: employment contracts (labour laws often
specify the terms and conditions of employment contracts, including provisions related
to wages), working hours, and benefits, minimum wage, health and safety,
discrimination, workers´ compensation, termination, trade unions, social security or
immigration among other things.
These are just a few of the typical topics that are addressed by national labor legislation.
The specifics can vary depending on the country and its legal system. In Spain, for
example, the Constitution, as the supreme regulation of the Spanish state, includes a
series of precepts of a labour nature as well as general principles applicable in the field
of work. Among the provisions of a labour law, we can mention article 28.1 (right to
unionization) and article 28.2 (right to strike) and it is really important article 149.1.7º
which says that the state has full and exclusive competence about labour regulation,
without prejudice of the execution of the autonomous communities.
In the context of the EU, Spain has tried to imitate Europe labour policy of the
union complies with all the standards established by the institution. In terms of labour
law, EU measures complement the initiatives of each member country by establishing
minimum standards. The Treaty of Functioning of the EU, specifically, in its article
153, the EU adopts laws (directives) that establish minimum requirements on working
and employment conditions; information and consultation to workers. However, each
member country is free to offer higher levels of protection if it wishes.
Question 2
Who are social partners? Who are the main social partners in your home country? Are
they affiliated to one of the social partners at EU level?
The term ‘Social partners’ refers to representatives of management and labour
(employer organisations and trade unions), and in some contexts public authorities, that
engage in social dialogue. European social partners are those organisations at EU level
which are engaged in European social dialogue, provided for under Articles 154 and
155 of the Treaty on the Functioning of the European Union (TFEU).
In Spain, we have the CEOE and the CEPYME which are the main business
organizations and then, we also have some other organizations such us UGT, CCOO or
the IGC, which focus on workers and economic growth, in these cases, and some of
them, (UGT and CCOO for example) are afiliated to the EU.
Assignment 3
1. What kind of organization is the EU?
The EU is a unique organization in that it has both supranational and
intergovernmental elements. Composed of 27 members, these give up part of theis
sovereignity and authority to the EU, which has a wide range of competences, including
trade, energy, the environment, agriculture, justice and home affairs, and foreign policy
2. Who has the right to initiate EU legislation?

The EU has a complex legislative process, and multiple institutions are involved in
it. However, the right to initiate EU legislation lies primarily with the European
Commission, which is the EU's executive arm. The Commission has the exclusive right
to propose new EU laws, which it does through a formal legislative proposal. These
proposals are then submitted to the European Parliament and the Council of the
European Union, which represent the interests of EU citizens and member states,
respectively.
3. Who is the EU lawmaker?

The EU lawmaker is ultimately a collective body composed of the European
Parliament and the Council of the European Union. The European Parliament is directly
elected by EU citizens and represents their interests at the EU level. It has the power to
adopt, reject, or amend legislative proposals put forward by the European Commission.
It also has the power to propose amendments to the EU's budget and to conduct
oversight of EU institutions.
4. What are the sources of EU law?

The sources of European Union (EU) law are many and varied, reflecting the
complex nature of the EU as a supranational legal system. The main sources of EU law
are:
1. Treaties: The EU's founding treaties are the primary source of EU law. They
establish the legal framework for the EU and set out the EU's institutional
structure, decision-making procedures, and competences. The most important
treaties are the Treaty on European Union (TEU) and the Treaty on the
Functioning of the European Union (TFEU).
General principles of EW law are also a primary source of EU law.
2. Secondary law: EU legislation takes the form of regulations, directives, and
decisions. Regulations are directly applicable and binding in all member states,
while directives set out goals that member states must achieve through their own
national legislation. Decisions are binding on specific individuals or
organizations. All these are binding but there are also some non-binding sources
such us opinions or notes.
5. What legal procedure needs to be followed to adopt EU labour law?

-Proposal: The European Commission proposes new legislation, based on its own
initiative or a request from the European Parliament, the Council of the European
Union, or other stakeholders.
- First reading: The proposal is sent to the European Parliament and the Council of the
European Union for their first reading. They have the opportunity to adopt, amend or
reject the proposal.
- Second reading: If the Parliament and the Council cannot reach an agreement at the
first reading, a second reading is held. The proposal is amended and sent back to both
institutions for further discussion and negotiation.
- Conciliation: If the Parliament and the Council still cannot agree on a text, a
conciliation committee is established to try to find a compromise. The committee is
composed of representatives from both institutions and is assisted by the European
Commission.
- Third reading: If the conciliation committee reaches an agreement, the text is sent back
to the Parliament and the Council for a third reading. They can either adopt or reject the
compromise text.
- Adoption: If the Parliament and the Council agree on a text, it is adopted as a formal
EU legislative act. The act is then published in the Official Journal of the European
Union and becomes part of EU law.
6. Who is responsible for the implementation of EU labour law?

The European Commission is the one that guarantees the application of European
law between the members of the EU.

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Question 1

2. Who has the right to initiate EU legislation?

3. Who is the EU lawmaker?

4. What are the sources of EU law?

5. What legal procedure needs to be followed to adopt EU labour law?

6. Who is responsible for the implementation of EU labour law?

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