Mr. José Manuel Barroso
President of the European Commission
B-1049 Bruxelles
Belgium
Courtesy translation
Danish Parliament
European Affairs Committee
Christiansborg
DK-1240 København K
Tlf. +45 33 37 55 00
Fax +45 33 32 85 36
www.ft.dk
Reasonned opinion as regards Commission proposal for a Regulation on
the exercise of the right to take collective action (Monti II) - COM(2012)130
3 May 2012
Ref. 12-000337-3
Contact
Iben Tybjærg Schacke
EU Adviser
Dir. tlf.
+45 3337 3694
Dear Mr President
On 21 March 2012 the Commission presented a 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
(Monti II) – COM(2012)130. The proposal has been subject to scrutiny by the
European Affairs Committee of the Danish Parliament.
The Danish Parliament is of the opinion that the proposal is in conflict with the
principle of subsidiarity.
The Danish Parliament finds that the proposal does not provide further clarity
as regards, on the one hand, the need to ensure free movement and on the
other hand, the need to ensure the workers’ right to take collective action. On
the contrary, there is a risk that the proposal might disturb well-functioning
national arrangements in the area of labour law.
The Danish Parliament does not see the need for the European legislators to
intervene in existing national mechanisms on dispute-settlement. Nor does it
find it necessary to introduce an obligation for Member States to inform the
European Commission of potential labour disputes in the Member States. In
that respect, the Danish Parliament recalls that tools for dispute-settlement
exist and function well at the national level.
In general, the Danish Parliament attach considerable importance to the fact
that the European cooperation in the area of labour law is based on the
Members States’ different national points of reference. The role of the EU
should therefore only be of a supporting and complementary nature.
Finally, the Danish Parliament finds that Article153 (5) of the TFEU explicitly
excludes the right to strike from the range of matters that can be subject to
European legislation. Although the proposal does not in itself provide for new
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