The turbulent life of the Working Time Directive. Issue 1 (February 2018)

• Record Type: Journal Article
• Authors: Nowak, Tobias
• Is Part Of: Maastricht journal of European and comparative law. Volume 25:Issue 1(2018)
• Page Start: 118
• Page End: 129
• Publication Date: 2018-02
• Subjects: Working Time Directive -- Court of Justice of the EU -- interaction of law and politics -- EU legislative process -- (failed) legislative overrule; Law -- European Union countries -- Periodicals; Comparative law -- Periodicals; 341.2422
• DOI: 10.1177/1023263X18760547
• Languages: English
• ISSNs: 1023-263X

Abstract

The case of the Working Time Directive (WTD) is a prime example of a failed attempt by the Member States and the Commission to counter rulings of the European Court of Justice (CJEU) by legislative overrule. Outsourcing the decision making process to the social partners also did not deliver the desired results. After years of trying to reform the WTD, the Commission changed its strategy and issued an interpretive communication instead. However, it is doubtful that this communication will solve all that is wrong with the WTD. What were the obstacles to legislative overrule in this case? What other strategies in avoiding the consequences of CJEU rulings do the Member States apply? What will the future of WTD look like?