The European social dialogue under siege?

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Edoardo Ales, Massimiliano Delfino

Contents: 1. Why starting with the Epsu cases. 2. The “boundaries” of the principle of horizontal subsidiarity. 3. The discretionary power of the Commission within the legal framework of the Treaties. Is it the end or a new beginning of the European Social Dialogue?

  1. Why starting with the Epsu cases

Starting the new “adventure” of with an editorial concerning the Epsu cases decided by the General Court EU (hereinafter GC) in 2019 and the Court of Justice EU (hereinafter the Court) in 2021 is not an odd choice. The reason for that is twofold.

On the one hand, both judgments provide an opportunity to check the extent of one of the key principles of the European Union, i.e. the principle of horizontal or “social” subsidiarity in the supranational legal order.

On the other hand, the judgments, although not so positive from the social dialogue’s point of view, at least provide a final word on social partners’ role within the legal framework of the Treaty on the Functioning of the European Union (hereafter TFEU)……