The Commission’s proposal for a European Minimum Wage: Another ultra vires challenge for the EU?

Research output: Other contributionWeb publication/Blog post


On 3 June 2020, the Commission issued the second phase of the consultation on possible EU action on fair minimum wages. The proposed action reflects the commitment made by the President of the Commission, Ursula von der Leyen to “propose a legal instrument to ensure that every worker in our Union has a fair minimum wage” within the first 100 days of her mandate. In this entry,I will consider is whether the legal basis on which the Commission seeks to rely on provides the EU with the necessary competence to enact the proposed measures. The argument advanced is that the Commission overestimates the degree of flexibility provided by the Treaty provisions, and that the proposed measures would likely be ultra vires.


Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law


  • EU Law, Social Law, Competence, Ultra Vires, Labour law
Original languageEnglish
Short descriptionThe Commission’s proposal for a European Minimum Wage – another ultra vires challenge for the EU?
Media of outputEuropean Law Blog
Publication statusPublished - 2020 Jun 23
Publication categoryResearch