Shall or not shall be: That is the question

Abstract

This contribution critically discusses the EPSU case of the Court of Justice of the European Union, delivered on 2 September 2021. It deals with the question of how to interpret Article 155 of the TFEU in relation to the scope of Article 155(2) TFEU, concluding that the European Commission has no obligation to propose a Directive to the Council implementing a collective agreement reached at European level.