The Irish Federation of University Teachers (IFUT) warmly welcomes the European Trade Union Confederation's (ETUC) robust counter-opinion in the case of Denmark v European Parliament and Council (Case C-19/23) concerning the Adequate Minimum Wage Directive (AMWD). This comprehensive response reaffirms the ETUC's steadfast commitment to defending fair wages and protecting collective bargaining rights across Europe.

At the heart of this legal challenge lies a fundamental question: Should the European Union possess the competence to legislate on adequate minimum wages while respecting the autonomy of social partners and national wage-setting mechanisms? The ETUC's counter-opinion makes a compelling argument that the AMWD falls squarely within the EU's legal competencies and does not infringe upon Member States' rights to determine pay levels.

The Advocate General's opinion of January 14, 2025, which recommended the annulment of the AMWD in full, represents a worrying attempt to undermine social protections. It is particularly concerning that such an opinion could threaten vital measures designed to address wage inequality, promote collective bargaining, and ensure a decent standard of living for all workers. The ETUC rightly challenges this opinion, emphasising the directive's alignment with the Treaties and international labour standards.

From IFUT's perspective, the AMWD is not only a legislative milestone but a moral imperative. As educators and researchers, we understand the critical link between fair wages and social progress. In a time of rising living costs and growing inequality, safeguarding minimum wage protections is essential to fostering inclusive societies and sustainable economies.

The ETUC's counter-opinion highlights several key points that IFUT strongly endorses:

1. Legal Competence and Interpretation: The ETUC convincingly argues that the AMWD is grounded in Article 153 of the Treaty on the Functioning of the European Union (TFEU). The directive seeks to improve working conditions and promote social progress, which are core EU objectives. The ETUC further criticises the Advocate General's narrow interpretive methodology, which fails to account for the broader social and legal context.
2. Protection of Collective Bargaining: Contrary to the Advocate General's claims, the AMWD respects the autonomy of social partners and encourages collective bargaining as a mechanism to set fair wages. The ETUC emphasises that promoting collective bargaining is not only legally sound but also essential for enhancing social dialogue and worker representation.
3. Alignment with International Standards: The ETUC underscores that the AMWD is consistent with international obligations under the International Labour Organisation (ILO) Conventions and the European Social Charter. These instruments recognise the right to fair remuneration and collective bargaining as fundamental human rights.
4. Addressing Wage Inequality: The directive aims to tackle persistent wage inequalities by establishing clear procedures for adequate minimum wages. This objective is entirely in line with the EU's commitment to combatting social exclusion and promoting a fairer labour market.

As General Secretary of IFUT, I applaud the ETUC for standing firm against this regressive legal challenge. Workers across Europe deserve policies that uplift their living standards and protect their rights. The AMWD represents a critical step toward these goals, and we cannot afford to let it be undermined.

IFUT remains resolute in our advocacy for fair wages, robust collective bargaining and sectoral dialogue. We stand in solidarity with our colleagues across Europe and urge the Court of Justice of the European Union to uphold the Adequate Minimum Wage Directive in its entirety.

The recent BIMM dispute highlighted the need for legislative provisions to be put in place to compel employers to engage in collective bargaining where that is the choice of the employees.  Regrettably, in Ireland, many organisations continue to set wages while refusing to engage with trade unions, it may surprise many that this disgraceful practice is not confined to the private sector. 

In the words of the ETUC, the fight for fair pay is a fight for dignity. IFUT will continue to champion this cause, ensuring that all workers, including those in higher education, receive the fair and just compensation they deserve.

Read the ETUC Counter Opinion in full here