Subsidiarity and Workers’ Rights in the European Union

This paper will reassess the principle of subsidiarity in relation to EU social policy, with a particular focus on workers’ rights. In fact, subsidiarity originated over a century ago in an argument in defence of workers’ rights in Catholic social thought, specifically when a late nineteenth century pope gave his blessing to the formation of labour unions. However, the social character of subsidiarity was largely set aside when the principle was introduced into the EU treaties as a general norm requiring the EU to govern in a manner that respects the autonomy of the member states, with an enhanced role for national parliaments as subsidiarity watchdogs. A review of legislative battles over the years, including two occasions when national parliaments raised a “yellow card,” shows that subsidiarity arguments have been used both to support and to erode workers’ rights. However, the recent renewed push for a stronger EU role in social policy, most notably with the European Pillar of Social Rights, has once again brought into focus the role of subsidiarity as a principle that favours workers’ rights. The European Commission has promoted an “Economy that Works for People” favouring a social market economy balancing market efficiency with social protection. In addition, a drive for “human-centred” economic policymaking, as embodied in legislative measures such as the AI Act and the Platform Workers’ Directive, accords with the approach of Catholic social thought towards workers’ rights.