Investigating the idea of a European Union minimum wage policy: a socio-legal perspective

This thesis investigates the idea of a European Union (EU) minimum wage policy, exploring what it might look like given the significant obstacles that stand in the way of its realisation. The idea of a minimum wage policy for the EU has a long and varied history and can be traced to the inception of the Single Market. Over the course of European integration, suggestions have been made for the Union to coordinate wages in Member States, against both absolute and relative values. Justifications for intervention have varied but predominately focus on the prevalence of low wage work in Europe. However, the limited competence of the Union to act in the area of pay, coupled with the heterogeneity of industrial relations systems in Member States, makes the realisation of an EU minimum wage at the hands of the Union highly unlikely. In light of these impediments, this thesis articulates an alternative policy. This policy would be instituted by the European social partners and implemented by an ‘autonomous’ European social partner agreement. Given the scope of social partner agreements, this approach would lead to a more ‘transnational’ wage policy akin to collective agreements signed between European industry federations and employers’ associations organised across national boarders. In outlining the contours of this policy, valuable insights are gained into the operation of the European social dialogue and its potential to serve as an alternative space for societal governance. Furthermore, a potential ‘hybrid’ regulatory form for such a policy is suggested – between an autonomous agreement and ‘new’ governance processes – that would improve the effectiveness of its implementation.