<h6><strong>Ane Barcos</strong></h6> <h4><strong>The European Commission has decided to refer Spain to the Court of Justice of the European Union (CJEU) due to the failure to fully and correctly transpose the Directive on Transparent and Predictable Working Conditions.</strong></h4> This EU directive establishes minimum standards designed to ensure that all workers in the European Union are clearly and precisely aware of the essential elements of their employment relationship, including aspects such as the length of the probationary period, shifts, remuneration, and the place and hours of work. The procedure began in September 2022, when the Commission sent a letter of formal notice to the Spanish authorities. After not receiving a satisfactory response, it issued a reasoned opinion in June 2023. In February of this year, Spain notified Brussels of some measures aimed at advancing transposition, but the EU executive considered these measures to remain insufficient. In particular, the European Commission found that Spanish regulations do not fully guarantee the right of all workers to receive timely and complete information about their working conditions. Furthermore, some key provisions of the directive, such as those related to the work schedule or the predictability of working hours, are still not adequately reflected in national legislation. Due to the persistence of these non-compliances, the Commission has decided to refer the case to the CJEU and has requested that financial penalties be imposed on Spain for the delay. <h5><strong>Other violations</strong></h5> This decision was announced as part of the June package of infringements published this Wednesday by the European Commission. In addition to this referral to the Court, Brussels has opened two other infringement procedures against Spain by sending letters of formal notice, which constitute the initial phase of a process that could escalate if the non-compliances are not corrected. The first procedure concerns the incorrect transposition of the Drinking Water Directive, which aims to improve the quality of tap water in the EU, strengthen the protection of human health, and advance towards the goal of zero pollution. According to the Commission, Spanish legislation presents several shortcomings, such as the narrowing of the directive's scope, the omission of key provisions on risk assessment in drinking water supply systems, and the failure to require periodic reviews of the measures adopted. These shortcomings, according to Brussels, compromise not only the correct application of European law, but also citizens' access to safe, high-quality water. The second procedure affects the transposition of the Seveso III Directive, on the control of major-accident hazards involving dangerous substances. The Commission notes that Spanish legislation violates essential aspects of this regulation, including the obligation to inform the public, the deadlines for drawing up emergency plans for new industrial facilities, and the obligation to restore the environment after a major accident. In both cases, the Spanish authorities now have two months to respond to the observations made by the Commission and adopt the necessary measures to correct the deficiencies. Failure to do so could result in the Commission continuing the sanctioning procedure and also bringing these matters before the CJEU.
