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WORKING TIME IN IN THE ARMED FORCES-EUROMIL POSITION
In June 2010 Euromil1 adopted and published the the following position on on Working time in in in the the armed forces The 24 March the the the the the European Commission adopted the the the the the Communication “Reviewing the the the the the Working Time Directive” aimed to launch the the the the the the the first-phase consultation of of the the the the the the the Social Partners at at EU EU EU level in in in in accordance with the the the the the article 154 (2) TFEU on on on on on the the the the the possible direction of of EU EU EU action regarding the the Working Time Directive 2 Since the the the European European Court of of Justice (ECJ) SIMAP judgement of of Oct 3 3 3 2000 Council Directive (CD) 93/104/EEC now 2003/88/EC to to to apply it it to to to the the the public service branches the the the European European Commission lodged several proposals to to to amend this Council Council Directive with wide-ranging opt- out-clauses in in in each case acting on on demands from the Council Council of Ministers These proposals were an an attempt to to to overrule the the the the the relevant ECJ ECJ decisions in in in in order to to to undermine the the the the the legal authority of the the the the the ECJ ECJ to to to enforce the the the the the Working Time Directive in in in the the the the the Members States Thanks to the the the the the the objection of of of the the the the the the EU Parliament Parliament and the the the the the the work of of of the the the the the the European European Trade Union Confederation such proposals had been rejected at at the the the the the the time of of of the the the the the the last European European Parliament Parliament elections in 2009 What is is is is is described as as “modernisation” of of working time in in in in the the European Commission Communication is is is is is in in in in in in real terms a a a a a a a a a a a by-pass on on on on on a a a a a a a a a a a strong line of of of of jurisprudence by by the the the the ECJ in in in in in in favour of of of the the rights and entitlements of of of the the workers in in in public service EUROMIL
rejects any review of of the the the the Working Time Directive Directive 2003/88/EC 2003/88/EC and invites the the the the European Commission to to control the the the the the full implementation of of of Directive Directive 2003/88/EC 2003/88/EC to to the the the the the public service inclusive of of the the armed forces in in EU member states EUROMIL
invokes the European Parliament to to object to to any proposals for review of this Council Directive Finally EUROMIL
strongly supports the the the position of the the the European Trade Union Confederation (ETUC) on on on on on on on on on the the the the the the the Working Time Directive adopted by its Executive Committee on on on on on on on on on 3 June 2010 It calls the the the the the the attention to the the the the the the following key issues arising in in in in in the the the the the the application of of the the the the the the directive on on on on on matters affecting the the the the members of EUROMIL
under EU EU law Key Issues Arising in in the Application Of The Directive The Working Time Directive is also applicable for soldiers and full implementation of WTD 2003/88/EC by Member States has to be be ensured 3 3 EUROMIL
recalls that the the the scope of of the the the EU EU Working Time Directive applies to all all employment employment contracts including the the the the employment employment of of soldiers There should be no en en bloc exemptions
from the the the the the the Working Time Directive Directive in in in in in public service This means that that any diversion forms the the the the the the provisions of of the the the the the the Directive Directive in in in these fields shall be possible only to to the the the the the the extent and and that that that specific activities of of of the the the the the armed forces unconditionally justify it it it and and that that adequate compensatory safeguards simultaneously are put into effect to to to guarantee the the the highest level of of workplace safety achievable in in the specific situation The European Court of of Justice has already decided in two cases that the the restriction clause (Article 2) cannot serve to to exclude a a a a a a a a a a a a a a a a a whole occupational group from the the the the application of of the the the directive even if they are prohibited by by law to to strike such as e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e g g g g medical personnel personnel on on on on on emergency duty (SIMAP) hospital personnel personnel with standby duties (Jaeger) or firemen (Personalrat Feuerwehr Hamburg) It only enables the individual Member States to exclude 1 EUROMIL
is is is an an an an an umbrella organisation consisting of of 37 national military associations and and and trade unions (of which both RACO and and and PDFORRA are affiliates) promoting the social and and and professional interests of of of of military personnel of of of of all ranks in in in in Europe It includes 25 countries from from the the the the the the Russian Federation in in in in in in in in in the the the the the the East to to Ireland in in in in in in in in in the the the the the the West and and and from from Finland in in in in in in in the the the the the the north to to Malta in in in in in in in the the the the the the South EUROMIL
is is the the the the the the main Europe-wide forum for for cooperation among professional military associations on on on on on on on on on issues of of of common concern Through the international secretariat in in in Brussels EUROMIL
facilitates exchange of of of information experiences and and best practice among member associations associations Military associations associations associations entirely respect and and and and and abide by the the chain of command and and and and and neither condone or or or or support insubordination and and and and mutiny And associations associations do do not intend to comment on on on on on strategic or or or or operational matters 2 2 EUROMIL
is is is aware that is is is not a a a a a a a a a a recognized social partner under under Article 54 (2) TFEU but issues a a a a a a a a a a a a a position on on on on working time matters affecting its members under under EU EU law 3 3 There are court cases pending on on on on the implementation of CD 2003/88/EC for soldiers in in in in some EU countries EUROMIL
Annual Delegate Conference 2018
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