Belgian House of Representatives

Proposal for a COUNCIL REGULATION on the exercise of the right to take collective action within the context of the freedom of establishment and the freedom to provide services

Scrutiny details

Subsidiarity deadline: 22/05/2012
Scrutiny Information

Scrutiny date: 12/09/2012

  A reasoned opinion has been sent

No Important information to exchange

No Veto

Information on parliamentary scrutiny

On May 7th 2012, an information file was submitted to the Social Affairs Committee and the Advisory Committee on European Affairs.

On May 22nd 2012, the Social Affairs Committee adopted an opinion stating that the proposal does not comply with the principle of subsidiarity because:

(1) article 352, TFEU is not considered to be an appropriate legal basis as labour law has remained with the Member States;

(2) the proposal curtails the right to take collective action, a fundamental right, beyond what is permitted by the European Social Charter. Indeed, according to article G of Part V of this Charter, fundamental rights cannot be restricted unless "prescribed by law and necessary in a democratic society for the protection of the rights and freedoms of others or for the protection of public interest, national security, public health, or morals".

According to the Rules of Procedure of the House, this opinion is deemed to be that of the House.

On June 6th 2012, the European Commission replied it would re-examine the proposal.


On September 12th 2012, the European Commission informed the House of its intention to withdraw the proposal. 

In its letter from March 14th 2013, the European Commission mentioned the reasons why the initial text had been drafted.


Lisbon Treaty procedures
  Reasoned opinion

14/03/2013 |

12/09/2012 |

06/06/2012 |

22/05/2012 |

Contact points for EU matters

IPEX Correspondents:
Phone: +32 2 549 81 33  Email Mr. Carlos Demeyere Phone: +32 2 549 81 64  Email Ms. Katrien Joos
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