“Yellow card” for the EC proposal on the posting of workers

The draft amendment to Directive 96/71/EC on the posting of workers in the framework of the provision of services proposed by the European Commission met with opposition from national parliaments of 11 countries, including Poland.

Apart from us, doubts about the compliance with the subsidiarity principle (in the form of a reasoned opinion) were reported by Bulgaria, the Czech Republic, Denmark, Estonia, Croatia, Hungary, Latvia, Lithuania, Romania and Slovakia.

This triggers the so-called “yellow card.” Because of this “yellow card” the European Commission will have to re-examine its proposal. Then, the Commission may decide whether to maintain, amend or withdraw the draft. This decision must be justified.