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THE EU DIRECTIVE ON ADEQUATE MINIMUM WAGES

This book provides an all-encompassing and timely analysis of the EU regulatory frame-
work deriving from the enactment of Directive 2022/2041 on adequate minimum wages.
In the first part, the book discusses the function of minimum wage policies in contem-
porary labour markets and the role of social partners and collective bargaining in governing
minimum wage determinants and trends. The second part provides an article-by-article
commentary of the Directive, including insights on crucial aspects such as the EU compe-
tence to intervene on wages, the concept of minimum wage adequacy, and the measurement
and promotion of collective bargaining coverage. The third part assesses the impact of
the Directive across the EU, focusing on the main systemic implications of the Directive as
well as on the structural changes that Member States will need to implement.
With contributions written by scholars and stakeholders from across Europe, the book
sheds light on one of labour law’s most fundamental objectives – to provide for adequate
minimum wages. It is an invaluable resource for researchers, policy makers, trade unionists
and employers’ representatives.
ii
The EU Directive on Adequate
Minimum Wages
Context, Commentary and Trajectories

Edited by
Luca Ratti
Elisabeth Brameshuber
and
Vincenzo Pietrogiovanni
HART PUBLISHING
Bloomsbury Publishing Plc
Kemp House, Chawley Park, Cumnor Hill, Oxford, OX2 9PH, UK
1385 Broadway, New York, NY 10018, USA
29 Earlsfort Terrace, Dublin 2, Ireland

HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the Diana logo are
trademarks of Bloomsbury Publishing Plc
First published in Great Britain 2024
Copyright © Luca Ratti, Elisabeth Brameshuber, Vincenzo Pietrogiovanni, and Contributors severally 2024
Luca Ratti, Elisabeth Brameshuber, Vincenzo Pietrogiovanni, and Contributors have asserted their right under
the Copyright, Designs and Patents Act 1988 to be identified as Authors of this work.
All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying, recording, or any information storage or retrieval system,
without prior permission in writing from the publishers.
While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage
occasioned to any person acting or refraining from action as a result of any statement in it can be
accepted by the authors, editors or publishers.
All UK Government legislation and other public sector information used in the work is Crown Copyright ©.
All House of Lords and House of Commons information used in the work is Parliamentary Copyright ©.
This information is reused under the terms of the Open Government Licence v3.0 (http://www.
nationalarchives.gov.uk/doc/open-government-licence/version/3) except where otherwise stated.
All Eur-lex material used in the work is © European Union,
http://eur-lex.europa.eu/, 1998–2024.

A catalogue record for this book is available from the British Library.
A catalogue record for this book is available from the Library of Congress.
Library of Congress Control Number: 2024931212
ISBN: HB: 978-1-50996-872-5
ePDF: 978-1-50996-874-9
ePub: 978-1-50996-873-2
Typeset by Compuscript Ltd, Shannon

To find out more about our authors and books visit www.hartpublishing.co.uk.
Here you will find extracts, author information, details of forthcoming events
and the option to sign up for our newsletters.
ACKNOWLEDGEMENTS

Tres faciunt collegium. Yet, without our amazing 41 authors we could not have managed to
publish this book within such a short period – less than 18 months after the publication
of the EU Directive on Adequate Minimum Wages in the Official Journal of the European
Union. Thus, we would hereby like to thank all our authors for contributing to this common
effort, in particular by keeping rather tight deadlines.
However, there would be no book without the publisher. We are particularly grateful
to Roberta Bassi and her wonderful team, Tom Adams, Verity Stuart and Maria Skrzypiec,
for their open-mindedness and braveness (one might even say they were daring – the
collegium approached Roberta Bassi with their idea about this book at a time when it was
not even clear that the Directive was actually going to pass), their fruitful advice and their
meticulous work during the production process. You made the nearly impossible beautiful
and possible – from the first manuscript to the printed book within six (!) months.
Behind the scenes, in Luxembourg, Vienna and Malmö, we were extremely lucky to
have the support of our teams as regards editors’ tasks, such as formal proof reading or
compiling the table of cases. Thank you, Donya Sekhri Zeggar (University of Luxembourg),
Sophie Hofer, Johanna Obermayer and Jasmin Pieper (University of Vienna), Patrick Lang
Sørensen (SDU).
We hope that this book is going to be a good and supportive friend to its readers. We
have attempted to state the law as of October 2023, with more recent updates included at
proof stage where possible. The usual disclaimers apply.

Luca Ratti/Elisabeth Brameshuber/Vincenzo Pietrogiovanni

Luxembourg/Vienna/Malmö
Christmas 2023
vi
CONTENTS

Acknowledgements�� v
List of Contributors�� xi
Abbreviations��xiii
Table of National Court Decisions�� xvii
Table of CJEU Cases�� xxi
Table of Legislation�� xxix

1. Introduction: Regulating Minimum Wages as a Fundamental Challenge

for EU Law�� 1
Luca Ratti, Elisabeth Brameshuber and Vincenzo Pietrogiovanni

PART I
CROSS-CUTTING THEMES
2. In Search of Adequacy in Contemporary Labour Markets�� 9
Zoe Adams (University of Cambridge, UK)
3. Choosing a Tightrope Instead of a Rope Bridge – The Choice of Legal
Basis for the AMW Directive�� 25
Sacha Garben (College of Europe, Belgium)
4. The Impact of the AMW Directive on EU Labour Law�� 39
Claudia Schubert (University of Hamburg, Germany)
5. The Legal Institutions of Industrial Relations on Wage-setting�� 53
Vincenzo Bavaro (University of Bari, Italy)
6. The Collective Bargaining Directive in Disguise – How the European
Minimum Wage Directive Aims to Strengthen Collective Bargaining�� 71
Torsten Müller (European Trade Union Institute for Research, Belgium)
and Thorsten Schulten (Hans Böckler Foundation, Germany)
7. Minimum Wages in OECD Countries�� 87
Andrea Garnero (OECD)
8. The Directive on Adequate Minimum Wages and the Revival of a European
Social Union�� 105
Luca Ratti (University of Luxembourg, Luxembourg)
9. Constitutionalisation and Social Rights – A Fundamental Right to Adequate
Minimum Wages?�� 119
Elisabeth Brameshuber (University of Vienna, Austria)
viii Contents

PART II
COMMENTARY OF THE TEXT OF THE DIRECTIVE
10. Subject Matter (Article 1)�� 139
Erika Kovács (WU Vienna University of Economics and Business, Austria)
11. Scope (Article 2)�� 155
Emanuele Menegatti (University of Bologna, Italy)
12. Definitions (Article 3)�� 169
Mijke Houwerzijl (Tilburg University, Netherlands)
13. Promotion of Collective Bargaining on Wage-Setting (Article 4)�� 181
Antonio Lo Faro (University of Catania, Italy)
14. The Procedure for Setting Adequate Statutory Minimum Wages (Article 5)�� 199
Adam Sagan and Alexander Schmidt (University of Bayreuth, Germany)
15. Variations and Deductions (Article 6)�� 213
Piotr Grzebyk (University of Warsaw, Poland)
16. Involvement of the Social Partners in the Setting and Updating of Statutory
Minimum Wages (Article 7)�� 229
Antonio García-Muñoz (University of Castilla La Mancha, Spain)
17. Effective Access of Workers to Statutory Minimum Wages (Article 8)�� 245
Ane Aranguiz (Tilburg University, Netherlands) and Bartłomiej
Bednarowicz (European Economic and Social Committee, Belgium)
18. Public Procurement (Article 9)�� 261
ACL Davies (University of Oxford, UK)
19. Monitoring and Data Collection and Information on Minimum Wage Protection
(Articles 10 and 11)�� 273
Rüdiger Krause (University of Göttingen, Germany)
20. Right to Redress and Protection against Adverse Treatment or Consequences
(Article 12)�� 289
Sylvaine Laulom (French Cour de Cassation, France)
21. Penalties (Article 13)�� 303
Piera Loi (University of Cagliari, Italy)
22. Final Provisions (Articles 14–19)�� 317
Jérôme Porta (University of Bordeaux, France)

PART III
THE IMPACT OF THE DIRECTIVE IN THE MEMBER STATES
23. Austria�� 339
Thomas Dullinger (WU Vienna University of Economics and Business, Austria)
Contents ix

24. Baltic States�� 353

Daiva Petrylaitė (Vilnius University, Lithuania) and Vida Petrylaitė
(Vilnius University, Lithuania)
25. Belgium�� 369
Filip Dorssemont (UCLouvain, Belgium)
26. Croatia and Slovenia�� 383
Luka Tičar (University of Ljubljana, Slovenia) and Ivana Grgurev
(University of Zagreb, Croatia)
27. Cyprus and Greece�� 397
Stamatina Yannakourou (European University Cyprus, Cyprus)
28. France�� 415
Gwenola Bargain (University of Tours, France)
29. Germany�� 427
Monika Schlachter (University of Trier, Germany)
30. Hungary�� 443
Tamás Gyulavári (Pázmány Péter Catholic University Budapest, Hungary)
31. Iberian States�� 463
Teresa Coelho Moreira (University of Minho, Portugal) and Daniel
Pérez del Prado (Universidad Carlos III Madrid, Spain)
32. Ireland�� 475
Mark Bell (University College Dublin, Ireland) and Alan Eustace
(University of Oxford, UK)
33. Italy�� 491
Orsola Razzolini (University of Milan, Italy)
34. Poland�� 505
Izabela Florczak (University of Łodz, Poland) and Marta Otto
(University of Warsaw, Poland)
35. Scandinavian States�� 517
Petra Herzfeld Olsson (Stockholm University, Sweden) and
Mette Søsted Hemme (Aarhus University, Denmark)

Appendix�� 543
Index�� 563
x
LIST OF CONTRIBUTORS

Luca Ratti is Associate Professor of European and Comparative Labour Law at the
University of Luxembourg.
Elisabeth Brameshuber is Professor of Labour and Social Security Law at the University
of Vienna.
Vincenzo Pietrogiovanni is Associate Professor of Labour Law at the University of
Southern Denmark.
Zoe Adams is Affiliated Lecturer in Law at the University of Cambridge.
Ane Aranguiz is Assistant Professor at Tilburg University.
Gwenola Bargain is Maître de conférences at the University of Tours.
Vincenzo Bavaro is Professor of Labour Law at the University of Bari.
Bartłomiej Bednarowicz is Policy Officer at the European Economic and Social Committee,
Brussels.
Mark Bell is Regius Professor of Laws and a Fellow of Trinity College Dublin.
Teresa Coelho Moreira is Associate Professor of Labour Law at the University of Minho.
ACL Davies is Professor of Law and Public Policy and a Fellow of Brasenose College at the
University of Oxford.
Filip Dorssemont is Professor of Labour Law at the Université Catholique de Louvain.
Thomas Dullinger is Assistant Professor of Labour and Social Security Law at WU Vienna
University of Economics and Business.
Alan Eustace is Fellow and Lecturer in Law at Magdalen College, University of Oxford.
Izabela Florczak is Assistant Professor at the Faculty of Law and Administration, University
of Łódz.
Sacha Garben is Professor of EU Law at the College of Europe, Bruges.
Antonio García-Muñoz is Lecturer of Labour Law at the University of Castilla La Mancha.
Andrea Garnero is Labour economist at the Directorate for Employment, Labour and
Social Affairs of the OECD and Research fellow at Université libre de Bruxelles.
Ivana Grgurev is Professor of Labour Law at the University of Zagreb.
Piotr Grzebyk is Associate Professor of Labour Law at the University of Warsaw.
Tamás Gyulavári is Professor of Labour Law at the Pázmány Péter Catholic University,
Budapest.
xii List of Contributors

Petra Herzfeld Olsson is Professor of Labour Law at Stockholm University.

Mijke Houwerzijl is Professor of Labour Law at Tilburg University.
Erika Kovács is Associate Professor of Labour and Social Security Law at WU Vienna
University of Economics and Business.
Rüdiger Krause is Professor of Civil and Labour Law at the University of Göttingen.
Sylvaine Laulom is Professor of Labour Law and Advocate General at the French Cour de
Cassation.
Antonio Lo Faro is Professor of Labour Law at the University of Catania.
Piera Loi is Professor of Labour Law at the University of Cagliari.
Emanuele Menegatti is Professor of Labour Law at the University of Bologna.
Torsten Müller is Senior Researcher at the European Trade Union Institute, Brussels.
Marta Otto is Assistant Professor at the Faculty of Law and Administration, University of
Warsaw.
Daniel Pérez del Prado is Professor Titular of Labour Law and Social Security at the
Universidad Carlos III Madrid.
Daiva Petrylaitė is Professor of Labour Law at Vilnius University.
Vida Petrylaitė is Associate Professor of Labour and Social Security Law at Vilnius
University.
Jérôme Porta is Professor of Labour Law at the University of Bordeaux.
Orsola Razzolini is Associate Professor of Labour Law at the University of Milan.
Adam Sagan is Professor of Civil Law, European and German Labour Law at the University
of Bayreuth.
Claudia Schubert is Professor of Civil Law, Labour Law, Corporate Law, and Comparative
Law at the University of Hamburg.
Thorsten Schulten is Head of the Collective Agreement Archive of the Wirtschafts- und
Sozialwissenschaftliches Institut (WSI) of the Hans Böckler Foundation and Honorary
Professor at the University of Tübingen.
Monika Schlachter is Professor Emeritus of International and European Labour Law at the
University of Trier.
Alexander J Schmidt is Academic Assistant at the Chair for Civil Law, European and
German Labour Law, University of Bayreuth.
Mette Søsted Hemme is Assistant Professor of Labour Law at Aarhus University.
Luka Tičar is Associate Professor of Labour Law at the University of Ljubljana.
Stamatina Yannakourou is Associate Professor of Labour Law at the European University
Cyprus.
ABBREVIATIONS

ACT Authority for Working Conditions (Portugal)

AGF European Globalisation Adjustment Fund
AIAS Amsterdam Institute for Advanced Labour Studies
AICALF Italian Low Fares Airlines Association (Italy)
AMW Directive Directive 2022/2041 on adequate minimum wages in the
European Union
BGB German Civil Code (Germany)
CBW Collective Bargaining Wage
CC.OO Comisiones Obreras (Spain)
CCNL sectoral collective agreement (Italy)
CCPR International Covenant on Civil and Political Rights
CEACR Committee of Experts on the Application of Conventions and
Recommendations
CEDU Group of Studies in EU Law
CEEMET European employers’ organisation representing the interests of the
Metal, Engineering and Technology-based industries
CESCR International Covenant on Economic, Social and Cultural Rights
CESI European Confederation of Independent Trade Unions
CFREU Charter of Fundamental Rights of the EU
CGTP General Confederation of the Portuguese Workers (Portugal)
CJEU Court of Justice of the European Union
CNT Conseil National du Travail (Belgium)
CoESS Confederation of European Security Services
CSR Country-Specific Recommendations
ECB European Central Bank
ECHR European Convention on Human Rights
xiv Abbreviations

ECSR European Committee of Social Rights

EEA European Economic Area
EESC European Economic and Social Committee
EFSI European Cleaning and Facility Services Industry
EGSSE national intersectoral collective agreement (Greece)
ELA European Labour Authority
EPSR European Pillar of Social Rights
ERO Employment Regulation Orders (Ireland)
ESC European Social Charter
ESF European Social Fund
ESF+ European Social Fund Plus
ESM European Stability Mechanism
ETUC European Trade Union Confederation
FURS Financial Administration of the Republic of Slovenia
GDP Gross Domestic Product
Geopa-Copa Employers’ Group of Professional Agricultural Organisations in
the European Union
HOTREC Umbrella Association of Hotels, Restaurants, Pubs and Cafes and
similar establishments in Europe
HUF Hungarian forints
ICTWSS Institutional Characteristics of Trade Unions, Wage Setting, State
Intervention and Social Pacts
ILO International Labour Organization
IMF International Monetary Fund
JLC Joint Labour Committees (Ireland)
Law on CA and JC Law of 5 December 1968 on Collective Labour Agreements and
Joint Committees (Belgium)
LEEF Labour-Employer Economic Forum (Ireland)
LPC Low Pay Commission
MEAT Most Economically Advantageous Tender
MiLoG Minimum Wages Act (Germany)
MoU Memorandum of Understanding
Abbreviations xv

NEG New Economic Governance

NGTT National Economic and Social Council (Hungary)
OECD Organisation for Economic Co-operation and Development
OÉT National Interest Reconciliation Council (Hungary)
OMC Open Method of Coordination
OSCE Organization for Security and Co-operation in Europe
OSH Occupational Safety and Health
PLN Polish złoty
PWD Posted Workers Directive
REA Registered Employment Agreement (Ireland)
RESC Revised European Social Charter
RRF Recovery and Resilience Facility
SEO Sectoral Employment Order (Ireland)
SME Small and medium-sized enterprises
SMEunited association of crafts and small and medium-sized enterprises
in Europe
SMI Salario Mínimo Interprofesional (Spanish statutory minimum wage)
SMIC salaire minimum de croissance (France statutory minimum wage)
SMW Statutory Minimum Wage
SWD Staff Working Document
TEC Treaty establishing the European Community
TFEU Treaty on the Functioning of the European Union
UGT Unión General de Trabajadores (Spain)
VKF Permanent Consultation Forum (Hungary)
WEC World Employment Confederation Europe
WRC Workplace Relations Commission (Ireland)
WTO World Trade Organization
ZDR-1 Employment Relationships Act (Slovenia)
ZMinP Minimum Wage Act (Slovenia)
xvi
TABLE OF NATIONAL COURT DECISIONS

Austria

OGH 19.09.2002, 8 ObA 25/02p��350

OGH 17.11.2004, 9 ObA 98/04h��346
OGH 30.3.2011, 9 ObA 37/10x��341
OGH 27.11.2014, 9 ObA 134/14t��341
OGH 26.11.2018, 8 ObA 63/18z��341
OGH 25.1.2019, 8 ObA 61/18f��341
OGH 27.2.2020, 8 ObA 1/20k��341
OGH 25.3.2021, 8 ObA 106/20a��341
OGH 17.2.2022, 9 ObA 150/21f��128
OGH 30.8.2022, 8 ObA 42/22t��133

Belgium

Cour constitutionnelle, 13 October 2016, nr. 130/2016��375

Croatia and Slovenia

Decision of the Constitutional Court, 22/19 – ZPosS, 81/19, 203/20 – ZIUPOPDVE,

119/21 – ZČmIS-A, 202/21��384
Decision of the Constitutional Court, 15/22 and 54/22 – ZUPŠ-1��384

Cyprus and Greece

Supreme Civil Court (Areios Pagos) no 954/1998 (1998) Deltio Ergatikis

Nomothessias 1035��400
Supreme Civil Court (Areios Pagos) no 1292/2004 (2005) Xronika Idiotikou
Dikaiou 381��400
Supreme Civil Court (Areios Pagos) no 1591/2017 (2018) 77 Epitheorissis
Ergatikou Dikaiou 327��400
xviii Table of National Court Decisions

Appeal Court of Dodecanese no 194/2018 (not published)��400

Council of State Decision no 2175/2022 (2022) 81 Epitheorissis Ergatikou
Dikaiou 1033 (in Greek)��403

Germany

BVerfG 1.3.1979 – 1 BvR 532/77��433

BVerfG 9.2.2010 – 1 BvL 1/09�� 121, 204, 436
BVerfG 11.7.2017 – 1 BvR 1571/15��433
BAG 14.7.1981 – 1 AZR 159/78��434
BAG 20.4.1999 – 3 AZR 352/97��433
BAG 14.12.2004 – 1 ABR 51/03��433
BAG 18.11.2015 – 5 AZR 761/13�� 437–38
BAG 15.5.2016 – 5 AZR 135/16 e��57
BAG 29.6.2016 – 5 AZR 716/15��431
BAG 21.12.2016 – 5AZR 374/16��57, 437
BAG 20.9.2017 – 10 AZR 171/16��438
BAG 11.10.2017 – 5 AZR 591/16��431
BAG 17.1.2018 – 5 AZR 69/17��437
BAG 25.4.2018 – 5 AZR 25/17��437
BAG 20.6.2018 – 5 AZR 377/17��429
BAG 18.11.2020 – 5 AZR 103/20��431
BAG 24.6.2021 – 5 AZR 505/20��431
BAG 13.9.2022 – 1 ABR 22/21��439
BFH, 18.8.2020 – VII R12/19��429

Hungary

Supreme Court Decision: EBH 2011/2343��459

Iberian States

Juzgado de lo Social de Madrid GLOVOAPP23 SL (2019) 134/19��158

Spanish Constitutional Court Judgement 31/1984, 7 March 1984��470
Spanish Supreme Court Judgment (Administrative Chamber)
24 July 1991��473
Table of National Court Decisions xix

Ireland

Ryanair v Labour Court [2007] IESC 6�� 479–80

John Grace Fried Chicken v Catering JLC [2011] IEHC 277��480
McGowan v Labour Court [2013] IESC 21�� 480–81
Karpenko v Freshcut Food Services Ltd [2019] IEHC 693��486
NECI v Labour Court [2020] IEHC 303; [2020] IEHC 342; [2021] IESC 36��481
Karshan (Midlands) Ltd t/a Domino’s Pizza v Revenue Commissioners [2022]
IECA 124��477

Italy

Cass. SU, 26 March 1997, no. 2665��496

Cass., 2 October 2023, n. 27711�� 495, 503
Tribunale di Milano Mohamed Adel Naguib Mohamed Elazab v Foodinho s.r.l.
(2018) 1853/2018��158
Tribunale di Torino Digital Services XXXVI Italy s.r.l. (2018) 778/2018��158
Tribunale di Torino, 9 August 2019��495
Tribunale di Milano, 25 February 2020, n. 225��495
Tribunale di Milano, 21 February 2023��495

Poland

Wyrok SN z dnia 10 lutego 2011 r., II PK 194/10, LEX nr 811846��510

Wyrok SN z dnia 12 lipca 2011 r., II PK 18/11, OSNP 2012, nr 17–18, poz. 220��510

Scandinavian States

The Swedish Supreme Court [Högsta domstolen] judgment from 15 February 2022,
B 1770-21��518
Swedish Labour Court Judgments (AD 1982 no 142; AD 1986 no. 76)��520
Swedish Labour Court (AD 1984 no. 79)�� 517, 530
Swedish Labour Court (AD 1932 no. 95 and AD 2022 no. 12)��517
Swedish Labour Court judgment (AD 1977 no. 222)��530
Swedish Labour Court judgment (AD 1984 no. 79. AD 1991 no. 100,
AD 2001 no. 9)��530
Swedish Labour Court; AD 2003 no. 1, AD 1991 no. 26, AD 1983 no. 130 och
AD 1976 no. 65��520
Swedish Labour Court Judgment (AD 2017 no. 6)�� 535, 537
xx Table of National Court Decisions

Danish Labour Court, judgment of 12 December 2007, AR 2007.831��518

Danish Labour Court, ruling of 14 June 2007, case no. 2006.474
(AT 2007/199)��528
Danish Supreme Court, ruling of 4 June 2015, U 2015.3210 H�� 517, 530
Danish Western High Court, ruling of 29 October 2020, U 2021.226 V��530
TABLE OF CJEU CASES

Case 75/63 Mrs M.K.H. Hoekstra (née Unger) v Bestuur der Bedrijfsvereniging
voor Detailhandel en Ambachten (Administration of the Industrial Board for
Retail Trades and Businesses) ECLI:EU:C:1964:19 [1964] ECR 00347��157
Case 1/67 Ciechelsky v Caisse régionale de sécurité sociale du Centre
ECLI:EU:C:1967:27 [1967] ECR 00235��201
Case 152/73 Sotgiu v Deutsche Bundespost ECLI:EU:C:1974:13 [1974]
ECR 00153��40
Case 43/75 Defrenne v Sabena ECLI:EU:C:1976:56 [1976] ECR 00455��107
Case 50/76 Amsterdam Bulb BV v Produktschap voor Siergewassen
ECLI:EU:C:1977:13 [1977] ECR 00137��306
Case 106/77 Amministrazione delle finanze dello Stato v Simmenthal SpA
ECLI:EU:C:1978:49 [1978] ECR 00629��306
Case 53/81 D. M. Levin v Staatssecretaris van Justitie ECLI:EU:C:1982:105
[1982] ECR 01035��157
Case 14/83 Von Colson and Kamann v Germany ECLI:EU:C:1984:153
[1984] ECR 01891��323
Case 143/83 Commission v Denmark ECLI:EU:C:1985:34 [1985] ECR 00427�� 335–36
Case 29/84 Commission v Germany ECLI:EU:C:1985:229 [1985] ECR 01661�� 322, 346
Case 105/84 Foreningen af Arbejdsledere i Danmark v A/S Danmols Inventar
ECLI:EU:C:1985:331 [1985] ECR 02639��159
Case 152/84 Marshall v Southampton and South-West Hampshire Area
Health Authority ECLI:EU:C:1986:84 [1986] ECR 00723��130
Case 222/84 Marguerite Johnston v Chief Constable of the Royal Ulster
Constabulary ECLI:EU:C:1986:206 [1986] ECR 01651�� 292, 307
Case 139/85 R. H. Kempf v Staatssecretaris van Justitie ECLI:EU:C:1986:223
[1986] ECR 01741��157
Case 66/85 Deborah Lawrie-Blum v Land Baden- Württemberg
ECLI:EU:C:1986:284 [1986] ECR 02121�� 157–59, 161, 164, 343
Case 235/84 Commission v Italy ECLI:EU:C:1986:303 [1986] ECR 02291��335
Case 363/85 Commission v Italy ECLI:EU:C:1987:196 [1987] ECR 01733��322
Case 222/86 Union nationale des entraîneurs et cadres techniques professionnels
du football (Unectef) v Georges Heylens et al ECLI:EU:C:1987:442 [1987]
ECR 04097��307
Case 103/88 Fratelli Costanzo SpA v Comune di Milano ECLI:EU:C:1989:256
[1989] ECR 01839��130
Case C-379/87 Anita Groener v The Minister for Education and the City of Dublin
Vocational Education Committee ECLI:EU:C:1989:599 [1989] ECR 03967��254
Case C-113/89 Rush Portuguesa v Office national d’immigration
ECLI:EU:C:1990:142 [1990] ECR I-0141��212
xxii Table of CJEU Cases

Case C-188/89 Foster et al v British Gas ECLI:EU:C:1990:313 [1990]

ECR I-03313��130
Case C-361/88 European Commission v Germany ECLI:EU:C:1991:224 [1991]
ECR I-02567��209
Joined Cases C-6/90 and C-9/90 Francovich and Bonifaci v Italy
ECLI:EU:C:1991:428 [1991] ECR I-05357��135
Case C-220/94 European Commission v Luxembourg ECLI:EU:C:1995:190
[1995] ECR I-01589��209
Case C-415/93 UEFA v Bosman ECLI:EU:C:1995:463 [1995] ECR I-04921��40
Case C-194/94 CIA Security International v Signalson and Securitel
ECLI:EU:C:1996:172 [1996] ECR I-02201��207
Case C-237/94 John O’Flynn v Adjudication Officer ECLI:EU:C:1996:206
[1996] ECR I-02617��254
Case C-144/95 Maurin ECLI:EU:C:1996:235 [1996] ECR I-02909��131
Case C-84/94 UK v Council ECLI:EU:C:1996:431 [1996] ECR I-05755��28, 31
Case C-15/96 Schöning-Kougebetopoulou v Freie und Hansestadt Hamburg
ECLI:EU:C:1998:3 [1998] ECR I-00047��40
Case C-85/96 María Martínez Sala v Freistaat Bayern ECLI:EU:C:1998:217
[1998] ECR I-02691��164
Case C-185/97 Belinda Jane Coote v Granada Hospitality Ltd ECLI:EU:C:1998:424
[1998] ECR I-05199�� 298–99
Case C-97/91 Oleificio Borelli SpA v Commission of the European Communities
ECLI:EU:C:1992:491 [1992] ECR I-06313��303
Case C-2/97 Società italiana petroli SpA ECLI:EU:C:1998:613 [1998]
ECR I-08597�� 332–33
Case C-337/97 C. P. M. Meeusen v Hoofddirectie van de Informatie Beheer Groep
ECLI:EU:C:1999:284 [1999] ECR I-03289��157
Case C-67/96 Albany International BV v Stichting Bedrijfspensioenfonds
Textielindustrie ECLI:EU:C:1999:430 [1999] ECR I-05751��163
Case C-369/96 Arblade and Leboup ECLI:EU:C:1999:575 [1999] ECR I-08453��441
Case C-149/96 Portugal v Council ECLI:EU:C:1999:574 [1999] ECR I-08395��33
Case C-51/96 Deliège et al ECLI:EU:C:2000:199 [2000] ECR I-02549��40
Case C-281/98 Angonese v Cassa di Risparmio di Bolzano SpA ECLI:EU:C:2000:296
[2000] ECR I-04139��41
Case C-443/98 Unilever v Central Food SpA ECLI:EU:C:2000:496 [2000]
ECR I-07535��207
Case C-376/98 Federal Republic of Germany v European Parliament and
Council of the European Union ECLI:EU:C:2000:544 [2000] ECR I-08419��28
Case C-162/99 European Commission v Italy ECLI:EU:C:2001:35 [2001]
ECR I-00541��209
Case C-215/99 Jauch v Pensionsversicherungsanstalt der Arbeiter
ECLI:EU:C:2001:139 [2001] ECR I-01901��201
Joined Cases C-49/98, C-50/98, C-52/98 to C-54/98 and C-68/98 to C-71/98
Finalarte Sociedade de Construção Civil Lda et al ECLI:EU:C:2001:564 [2001]
ECR I-07831��441
Case C-424/99 Commission v Austria ECLI:EU:C:2001:642 [2001] ECR I-09285��307
Table of CJEU Cases xxiii

Case C-309/99 Wouters, Savelbergh and Price Waterhouse Belastingadviseurs BV v

Algemene Raad van de Nederlandse Orde van Advocaten ECLI:EU:C:2002:98
[2002] ECR I-01577��40
Case C-313/99 Mulligan ECLI:EU:C:2002:386 [2002] ECR I-05719��322
Case C-50/00 P Unión de Pequeños Agricultores v Council ECLI:EU:C:2002:462
[2002] ECR I-06677�� 303, 307
Case C-444/00 Mayer Parry Recycling ECLI:EU:C:2003:356 [2003] ECR I-06163��34
Case C-467/01 Ministero delle Finanze v Eribrand SpA ECLI:EU:C:2003:364
[2003] ECR I-06471��307
Case C-413/01 Franca Ninni-Orasche v Bundesminister für Wissenschaft,
Verkehr und Kunst ECLI:EU:C:2003:600 [2003] ECR I-13187��251
Case C-256/01 Debra Allonby v Accrington & Rossendale College, Education
Lecturing Services, trading as Protocol Professional and Secretary of State for
Education and Employment ECLI:EU:C:2004:18 [2004] ECR I-00873��158
Case C-313/02 Nicole Wippel v Peek & Cloppenburg GmbH & Co. KG
ECLI:EU:C:2004:607 [2004] ECR I-09483��162
Case C-188/03 Irmtraud Junk v Rechtsanwalt Wolfgang Kühnel as the liquidator
of the assets of AWO Gemeinnützige Pflegegesellschaft Südwest mbH
ECLI:EU:C:2005:59 [2005] ECR I-00885��238
Case C-297/03 Sozialhilfeverband Rohrbach v Arbeiterkammer Oberösterreich
and Österreichischer Gewerkschaftsbund ECLI:EU:C:2005:315 [2005]
ECR I-04305��130
Case C-341/02 Commission of the European Communities v Federal Republic
of Germany ECLI:EU:C:2005:220 [2005] ECR I-02733��438
Case C-543/03 Christine Dodl and Petra Oberhollenzer v Tiroler Gebietskrankenkasse
ECLI:EU:C:2005:364 [2005] ECR I-05049��164
Case C-304/02 Commission v France ECLI:EU:C:2005:444 [2005]
ECR I-06263��305
Case C-144/04 Mangold ECLI:EU:C:2005:709 [2005] ECR I-09981��329
Case C-131/04 Robinson-Steele et al ECLI:EU:C:2006:177 [2006] ECR I-02531��128
Case C-10/05 Mattern and Cikotic v Ministre du Travail et de l’Emploi
ECLI:EU:C:2006:220 [2006] ECR I-03145�� 430, 437
Case C-217/04 United Kingdom v Parliament and Council ECLI:EU:C:2006:279
[2006] ECR I-03771��35
Case C-432/05 Unibet v Justitiekanslern ECLI:EU:C:2007:163 [2007] ECR I-02271��307
Case C-252/05 Thames Water Utilities ECLI:EU:C:2007:276 [2007] ECR I-03883��34
Case C-411/05 Palacios de la Villa v Cortefiel Servicios SA ECLI:EU:C:2007:604
[2007] ECR I-08531��43
Case C-438/05 International Transport Workers’ Federation und Finnish Seamen’s
Union v Viking Line ABP ECLI:EU:C:2007:772 [2007] ECR I-10779��43, 212
Case C-307/05 Yolanda Del Cerro Alonso v Osakidetza-Servicio Vasco de Salud
ECLI:EU:C:2007:509 [2007] ECR I-07109�� 28, 149, 201
Case C-341/05 Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet et al
ECLI:EU:C:2007:809 [2007] ECR I-11767�� 43, 61, 504
Case C-94/07 Raccanelli v Max-Planck-Gesellschaft zur Förderung der
Wissenschaften eV ECLI:EU:C:2008:425 [2008] ECR I-05939��41
xxiv Table of CJEU Cases

Case C-346/06 Dirk Rüffert v Land Niedersachsen ECLI:EU:C:2008:189

[2008] ECR I-01989�� 43, 61, 504
Case C-268/06 Impact v Minister for Agriculture and Food et al
ECLI:EU:C:2008:223 [2008] ECR I-02483�� 28, 149, 201
Case C-338/06 European Commission v Spain ECLI:EU:C:2008:740
[2008] ECR I-10139��209
Joined Cases C-402/05 P and C-415/05 P Kadi and Al Barakaat
ECLI:EU:C:2008:461 [2008] ECR I-06351��307
Joined Cases C-350/06 and 520/06 Schultz-Hoff et al v Her Majesty’s
Revenue and Customs ECLI:EU:C:2009:18 [2009] ECR I-00179��124
Joined Cases C-378/07 to C-380/07 Angelidaki et al ECLI:EU:C:2009:250
[2009] ECR I-03071�� 330–31
Case C-12/08 Mono Car Styling SA v Dervis Odemis et al ECLI:EU:C:2009:466
[2009] ECR I-06653��307
Case C-166/07 Parliament v Council ECLI:EU:C:2009:499 [2009] ECR I-07135��35
Case C-411/06 Commission of the European Communities v European Parliament
and Council of the European Union ECLI:EU:C:2009:518 [2009] ECR I-07585��183
Case C-44/08 Akavan Erityisalojen Keskusliitto AEK ry et al v Fujitsu Siemens
Computers Oy ECLI:EU:C:2009:533 [2009] ECR I-08163��238
Joined Cases C-402/07 and C-432/07 Sturgeon et al ECLI:EU:C:2009:716
[2009] ECR I-10923��201
Case C-555/07 Seda Kücükdeveci v Swedex GmbH & Co. KG.
ECLI:EU:C:2010:21 [2010] ECR I-00365�� 204, 254, 437
Case C-325/08 Olympique Lyonnais SASP v Olivier Bernard, Newcastle
United FC ECLI:EU:C:2010:143 [2010] ECR I-02177��254
Joined Cases C-317/08 to C-320/08 Alassini et al ECLI:EU:C:2010:146 [2010]
ECR I-02213��307
Case C-395/08 INPS v Bruno et al ECLI:EU:C:2010:329 [2010] ECR I-05119��42, 201
Case C-98/09 Sorge v Poste Italiane ECLI:EU:C:2010 [2010] ECR I-05837��330
Case C-471/08 Parviainen ECLI:EU:C:2010:391 [2010] ECR I-06533��27
Case C-194/08 Gassmayr ECLI:EU:C:2010:386 [2010] ECR I-06281��333
Case C-243/09 Günter Fuß v Stadt Halle ECLI:EU:C:2010:609 [2010] ECR I-09849��299
Case C-428/09 Union syndicale Solidaires Isère v Premier ministre et al
ECLI:EU:C:2010:612 [2010] ECR I-09961��164
Case C-232/09 Dita Danosa v LKB Līzings SIA ECLI:EU:C:2010:674 [2010]
ECR I-11405�� 159, 388
Case C-379/09 Casteels v British Airways ECLI:EU:C:2011:131 [2011]
ECR I-01379��40
Case C-177/10 Francisco Javier Rosado Santana v Consejería de Justicia y
Administración Pública de la Junta de Andalucía ECLI:EU:C:2011:557
[2011] ECR I-07907��430
Case C-447/09 Reinhard Prigge et al v Deutsche Lufthansa AG ECLI:EU:C:2011:573
[2011] ECR I-08003��43
Case C-155/10 Williams et al ECLI:EU:C:2011:588 [2011] ECR I-08409��27
Case C-434/11 Corpul Naţional al Poliţiştilor ECLI:EU:C:2011:830 [2011]
ECR I-00196��37
Table of CJEU Cases xxv

Case C-462/11 Victor Cozman ECLI:EU:C:2011:831 [2011] ECR I-00197��37

Case C-393/10 Dermod Patrick O’Brien v Ministry of Justice, formerly
Department for Constitutional Affairs ECLI:EU:C:2012:110 [2012]�� 161, 253
Case C-368/10 European Commission v Kingdom of the Netherlands
ECLI:EU:C:2012:284 [2012]��269
Case C-141/11 Torsten Hörnfeldt v Posten Meddelande AB ECLI:EU:C:2012:421
[2012]��43
Case C-370/12 Thomas Pringle v Government of Ireland e.a. ECLI:EU:C:2012:756
[2012]��38
Case C-152/11 Odar v Baxter Deutschland GmbH ECLI:EU:C:2012:772 [2012]��344
Case C-46/12 L.N. v Styrelsen for Videregående Uddannelser og Uddannelsesstøtte
ECLI:EU:C:2013:97 [2013]��251
Case C-399/11 Melloni v Ministerio Fiscal ECLI:EU:C:2013:107 [2013]��132
Case C-128/12 Sindicato dos Bancários do Norte et al ECLI:EU:C:2013:149 [2013]��37
C-81/12 Asociaţia Accept v Consiliul Naţional pentru Combaterea Discriminării
ECLI:EU:C:2013:275 [2013]��305
Case C-418/11 Texdata Software GmbH ECLI:EU:C:2013:588 [2013]��305
Case C-522/12 Tevfik Isbir v DB Services GmbH ECLI:EU:C:2013:711 [2013]��438
Case C-514/12 Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken
Betriebs GmbH v Land Salzburg ECLI:EU:C:2013:799 [2013]��41
Case C-617/10 Åkerberg Fransson ECLI:EU:C:2013:280 [2013]��132
Case C-176/12 Association de médiation sociale v Union locale des syndicats
CGT et al ECLI:EU:C:2014:2 [2014]��135
Case C-270/12 United Kingdom v Parliament and Council ECLI:EU:C:2014:18
[2014]��35
Case C-596/12 European Commission v Italian Republic ECLI:EU:C:2014:77
[2014]�� 160, 333
Case C-172/11 Georges Erny v. Daimler AG – Werk Wörth ECLI:EU:C:2014:157
[2014]��41
Case C-539/12 Z.J.R. Lock v British Gas Trading Limited ECLI:EU:C:2014:351
[2014]��27, 42
Case C-206/13 Siragusa v Regione Sicilia – Soprintendenza Beni Culturali e
Ambientali di Palermo ECLI:EU:C:2014:126 [2014]�� 131–32
Joined Cases C-501/12 to C-506/12 Thomas Specht et al v Land Berlin and
Bundesrepublik Deutschland ECLI:EU:C:2014:2005 [2014]��436
Case C-264/12 Sindicato Nacional dos Profissionais de Seguros e Afins v
Fidelidade Mundial – Companhia de Seguros SA ECLI:EU:C:2014:2036 [2014]��126
Case C-549/13 Bundesdruckerei GmbH v Stadt Dortmund ECLI:EU:C:2014:2235
[2014]�� 265, 504
Case C-311/13 O. Tümer ECLI:EU:C:2014:2337 [2014]��31
Case C-413/13 FNV Kunsten Informatie en Media v Staat der Nederlanden
ECLI:EU:C:2014:2411 [2014]�� 163–64
Case C-396/13 Sähköalojen ammattiliitto ry v Elektrobudowa Spolka Akcyjna
ECLI:EU:C:2015:86 [2015]��61, 438
Case C-62/14 Gauweiler et al v Deutscher Bundestag ECLI:EU:C:2015:400
[2015]�� 34–35
xxvi Table of CJEU Cases

Case C-47/14 Holterman Ferho Exploitatie BV et al v F. L. F. Spies von Büllesheim

ECLI:EU:C:2015:574 [2015]��160
Case C-229/14 Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH
ECLI:EU:C:2015:455 [2015]�� 160, 430
Case C-115/14 RegioPost GmbH & Co. KG v Stadt Landau in der Pfalz
ECLI:EU:C:2015:760 [2015]��43, 270
Case C-239/14 Abdoulaye Amadou Tall v Centre public d’action sociale de Huy
ECLI:EU:C:2015:824 [2015]��295
Case C-69/15 Nutrivet D.O.O.E.L. v Országos Környezetvédelmi és Természetvédelmi
Főfelügyelőség ECLI:EU:C:2016:425 [2016]��305
Case C-258/14 Florescu et al ECLI:EU:C:2017:448 [2016]��38
Joined Cases C-8/15 P to C-10/15 P Ledra Advertising Ltd ECLI:EU:C:2016:701
[2016]��38
Case C-216/15 Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik
gGmbH ECLI:EU:C:2016:883 [2016]��162–64, 166,
253, 430
Case C-201/15 AGET Iraklis ECLI:EU:C:2016:972 [2016]��107
Case C-129/16 Túrkevei Tejtermelő Kft. v Országos Környezetvédelmi és
Természetvédelmi Főfelügyelőség ECLI:EU:C:2017:547 [2017]��305
Case C-348/16 Moussa Sacko v Commissione Territoriale per il riconoscimento
della protezione internazionale di Milano ECLI:EU:C:2017:591 [2017]��295
Case C-73/16 Peter Puškár v Finančné riaditeľstvo Slovenskej republiky, Kriminálny
úrad finančnej správy ECLI:EU:C:2017:725 [2017]��294
Case C-214/16 King v The Sash Window Workshop Ltd und Richard Dollar
ECLI:EU:C:2017:914 [2017]��42
Case C-193/17 Cresco Investigation GmbH v Markus Achatzi ECLI:EU:C:2018:614
[2018]�� 127–28
Joined Cases C-52/16 and C-113/16 SEGRO et al ECLI:EU:C:2018:157 [2018]��306
Case C-414/16 Egenberger ECLI:EU:C:2018:257 [2018]��294
Case C-684/16 Max-Planck-Gesellschaft zur Förderung der Wissenschaften v
Tetsuji Shimizu ECLI:EU:C:2018:874 [2018]��124, 127–28,
133–34
Joined Cases C-569/16 and C-570/16 Bauer ECLI:EU:C:2018:871 [2018]��128
Case C-378/17 Minister for Justice and Equality and Commissioner of An Garda
Síochána v Workplace Relations Commission ECLI:EU:C:2018:698 [2018]��304
Case C-493/17 Weiss et al ECLI:EU:C:2018:1000 [2018]�� 34–35
Case C-385/17 Hein v Albert Holzkamm GmbH & Co. KG ECLI:EU:C:2018:1018
[2018]��42
Case C-368/18 Casteels v Ryanair ECLI:EU:C:2019:91 [2019] ECR I-1379��43
Case C-420/16 Izsák and Dabis v Commission ECLI:EU:C:2019:177 [2019]��33
Case C-396/17 Martin Leitner v Landespolizeidirektion Tirol ECLI:EU:C:2019:375
[2019]��294
Case C-55/18 Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche
Bank SA ECLI:EU:C:2019:402 [2019]�� 406, 439
Case C-404/18 Jamina Hakelbracht et al v WTG Retail BVBA ECLI:EU:C:2019:523
[2019]��300
Case C-556/17 Torubarov ECLI:EU:C:2019:626 [2019]��294
Table of CJEU Cases xxvii

Case C-703/17 Krah v Universität Wien ECLI:EU:C:2019:850 [2019]��41

Case C-233/18 Zubair Haqbin v Federaal Agentschap voor de opvang van
asielzoekers ECLI:EU:C:2019:956 [2019]��46
Joined Cases C-609/17 and C-610/17 TSN ECLI:EU:C:2019:981 [2019]�� 132, 332
Joined Cases C-585/18, C-624/18 and C-625/18 A.K. (Independence of the
Disciplinary Chamber of the Supreme Court) et al ECLI:EU:C:2019:982 [2019]��294
Case C-692/19 B v Yodel Delivery Network Ltd ECLI:EU:C:2020:288 [2020]�� 400, 477
Case C-710/18 WN v Land Niedersachsen ECLI:EU:C:2020:299 [2020]��41
Cases C-119/19 P and C-126/19 P European Commission et al
ECLI:EU:C:2020:676 [2020]��128
Case C-620/18 Hungary v European Parliament and Council of the European Union
ECLI:EU:C:2020:1001 [2020]��151
Case C-726/19 Instituto Madrileño de Investigación y Desarrollo Rural, Agrario y
Alimentario v JN ECLI:EU:C:2021:439 [2021]��249
Case C-928/19 P European Federation of Public Service Unions (EPSU) v Commission
ECLI:EU:C:2021:656 [2021]��170
Case C-233/20 WD v job-medium GmbH ECLI:EU:C:2021:960 [2021]��128
Case C-86/21 Gerencia Regional de Salud de Castilla y León v Delia
ECLI:EU:C:2022:310 [2022]��40
Case C-534/20 Leistritz ECLI:EU:C:2022:495 [2022]��333
Case C-477/21 IH v MÁV-START Vasúti Személyszállító Zrt ECLI:EU:C:2023:140
[2023]��127
Case C-19/23 Kingdom of Denmark v European Parliament and Council of the
European Union pending��1, 26, 59, 116, 151,
182, 202, 221, 314, 522

Opinions

Opinion of Advocate General Maduro, Case C-307/05 Yolanda Del Cerro

Alonso v Osakidetza-Servicio Vasco de Salud ECLI:EU:C:2007:3 [2007]
ECR I-07109�� 126, 172
Opinion of Advocate General Kokott, Case C-268/06 Impact v Minister for
Agriculture and Food et al ECLI:EU:C:2008:2 [2008] ECR I-02483��28
Opinion of Advocate General Bot, Case C-166/07 Parliament v Council
ECLI:EU:C:2009:213 [2009] ECR I-07135��33, 35
Opinion of Advocate General Bot, Case C-501/12 Specht et al v Land Berlin et al
ECLI:EU:C:2013:779 [2013]��201
Opinion of Advocate General Wahl, Case C-201/15 AGET Iraklis
ECLI:EU:C:2016:429 [2016]��107
Opinion of AG Bobek, Case C-193/17 Cresco Investigation v Markus Achatzi
ECLI:EU:C:2018:614 [2018]�� 127, 128
Opinion of Advocate General Sánchez-Bordona, Case C-620/18 Hungary v
European Parliament and Council of the European Union ECLI:EU:C:2020:392
[2020]��34
xxviii
TABLE OF LEGISLATION

European Union

Directive (EU) 2023/970 of the European Parliament and of the Council of

10 May 2023 to strengthen the application of the principle of equal pay for
equal work or work of equal value between men and women through pay
transparency and enforcement mechanisms [2023] OJ L132/21�� 110, 112, 188,
248, 283, 285–86,
290, 308
Directive (EU) 2022/2041 of the European Parliament and of the Council of
19 October 2022 on adequate minimum wages in the European Union
(AMW Directive) [2022] OJ L275/33�� 1–4, 9–10, 14, 19–52,
55, 59–60, 64, 67–68, 72–74, 76–77, 81–86,
88, 92–94, 104, 106, 110–17, 119–20, 123–24, 127,
129–35, 140–57, 159, 165–77, 179, 182–97, 200–09,
211–13, 215–17, 219–21, 224, 227, 229–39, 241–43,
245, 247–51, 253–55, 257–61, 263, 265, 267–68,
270–72, 274–80, 283–84, 286, 289–316, 318, 320,
322–28, 331, 333–36, 342–51, 356, 365, 368, 376–83,
387–89, 392, 394–95, 397, 400–07, 410–13, 415–16,
418–19, 421–25, 430–36,438–40, 442, 444–45,
447–49, 456, 463–69, 472–73, 475–79, 482–85,
487–89, 491, 496–500, 502–06, 513–18, 521–41
Directive (EU) 2022/2464 of the European Parliament and of the Council of
14 December 2022 amending Regulation (EU) No 537/2014, Directive
2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards
corporate sustainability reporting [2022] OJ L322/15�� 2, 107, 283
Regulation (EU) 2021/1057 of the European Parliament and of the Council
of 24 June 2021 establishing the European Social Fund Plus (ESF+) and
repealing Regulation (EU) No 1296/2013 [2021] OJ L 231/21�� 258, 282
Regulation (EU) 2021/240 of the European Parliament and of the Council of
10 February 2021 establishing a Technical Support Instrument [2021]
OJ L 57/1�� 258, 282
Council Decision (EU) 2020/1512 of 13 October 2020 on guidelines for the
employment policies of the Member States [2020] OJ L344�� 112, 173, 205,
237, 276
Directive (EU) 2019/1152 of the European Parliament and of the Council of
20 June 2019 on transparent and predictable working conditions in the
European Union [2019] OJ L186/105��110, 147, 156, 165, 173,
248–49, 285, 290–91, 300, 430
xxx Table of Legislation

Directive (EU) 2019/1158 of the European Parliament and of the Council

of 20 June 2019 on work-life balance for parents and carers and repealing
Council Directive 2010/18/EU [2019] OJ L188/79�� 110, 147, 156,
251, 291, 430
Regulation (EU) 2019/1150 of the European Parliament and of the Council
of 20 June 2019 on promoting fairness and transparency for business users
of online intermediation services (Text with EEA relevance) [2019] OJ L186/57��287
Regulation (EU) 2019/1149 of the European Parliament and of the Council
of 20 June 2019 establishing a European Labour Authority, amending
Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589
and repealing Decision (EU) 2016/344 (Text with relevance for the EEA
and for Switzerland) [2019] OJ L 186/21��257
Directive (EU) 2018/957 of the European Parliament and of the Council
of 28 June 2018 amending Directive 96/71/EC concerning the posting of
workers in the framework of the provision of services [2018]
OJ L173/16��43, 61, 110, 151–52, 197, 264
Directive (EU) 2016/2102 of the European Parliament and of the Council
of 26 October 2016 on the accessibility of the websites and mobile applications
of public sector bodies [2016] OJ L 327��249, 285–86
Regulation (EU) 2016/679 of the European Parliament and of the Council
of 27 April 2016 on the protection of natural persons with regard to the
processing of personal data and on the free movement of such data, and
repealing Directive 95/46/EC (General Data Protection Regulation) [2016]
OJ L119/1�� 308, 403
Directive 2014/67/EU of the European Parliament and of the Council of
15 May 2014 on the enforcement of Directive 96/71/EC concerning the
posting of workers in the framework of the provision of services and
amending Regulation (EU) No 1024/2012 on administrative cooperation
through the Internal Market Information System (‘the IMI Regulation’)
[2014] OJ L159/11��173, 256, 285–86
Directive 2014/24 EU of the European Parliament and of the Council of
26 February 2014 on public procurement and repealing Directive
2004/18/EC Text with EEA relevance [2014] OJ L94/65�� 43, 74, 173, 261–72, 498
Directive 2014/23/EU of the European Parliament and of the Council
of 26 February 2014 on the award of concession contracts [2014]
OJ L94/1��74, 173, 261, 498
Directive 2014/25/EU of the European Parliament and of the Council
of 26 February 2014 on procurement by entities operating in the water,
energy, transport and postal services sectors and repealing Directive
2004/17/EC [2014] OJ L94/243��74, 173, 261, 498
Regulation (EU) No 223/2014 of the European Parliament and of the
Council of 11 March 2014 on the Fund for European Aid to the Most
Deprived [2014] OJ L72/1��33
Regulation (EU) No 1304/2013 of the European Parliament and of the
Council of 17 December 2013 on the European Social Fund and repealing
Council Regulation (EC) No 1081/2006 [2013] OJ L 347/470��36
Table of Legislation xxxi

Regulation (EU) No 1309/2013 of the European Parliament and of the Council

of 17 December 2013 on the European Globalisation Adjustment Fund
(2014–2020) and repealing Regulation (EC) No 1927/2006 [2013] OJ L 347/855��36
Regulation (EU) No 1175/2011 of the European Parliament and of the Council
of 16 November 2011 amending Council Regulation (EC) No 1466/97 on
the strengthening of the surveillance of budgetary positions and the surveillance
and coordination of economic policies, [2011] OJ L306/12��44
Regulation (EU) No 1176/2011 of the European Parliament and of the Council
of 16 November 2011 on the prevention and correction of macroeconomic
imbalances, [2011] OJ L306/25��44
Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement
concluded by the European Community Shipowners’ Associations (ECSA)
and the European Transport Workers’ Federation (ETF) on the Maritime
Labour Convention, 2006, and amending Directive 1999/63/EC [2009]
OJ L 124/30��153
Directive 2008/104/EC of the European Parliament and of the Council of
19 November 2008 on temporary agency work [2008] OJ L 327/9��27, 148, 162, 166
Directive 2008/94/EC of the European Parliament and of the Council of
22 October 2008 on the protection of employees in the event of the
insolvency of their employer, [2008] OJ L283/36��42
Directive 2006/54/EC of the European Parliament and of the Council of
5 July 2006 on the implementation of the principle of equal opportunities
and equal treatment of men and women in matters of employment
and occupation (recast) [2006] OJ L 204/23��40, 148, 158, 172, 279,
297, 299, 380, 501
Directive 2006/22/EC of the European Parliament and of the Council of
15 March 2006 on minimum conditions for the implementation of Council
Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social
legislation relating to road transport activities and repealing Council
Directive 88/599/EEC (Text with EEA relevance) [2006] OJ L 102/35��256
Directive 2003/88/EC of the European Parliament and of the Council of
4 November 2003 concerning certain aspects of the organisation of
working time (Working Time Directive) [2003] OJ L299/9��27–28, 31, 42,
128, 134, 299, 439
Council Directive 2001/23/EC of 12 March 2001 on the approximation of
the laws of the Member States relating to the safeguarding of employees’
rights in the event of transfers of undertakings, businesses or parts of
undertakings or businesses, [2001] OJ L82/16�� 41, 159, 272
Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction
and the recognition and enforcement of judgments in civil and commercial
matters [2001] OJ L12/1��160
Council Directive 2000/78/EC of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation [2000]
OJ L 303/16��40, 148, 158, 172,
224–25, 279,
293–95, 380, 501
xxxii Table of Legislation

Council Directive 1999/70/EC of 28 June 1999 concerning the framework

agreement on fixed-term work concluded by ETUC, UNICE and CEEP
(the Fixed-term work Directive) [1999] OJ L175/43��27, 42
Council Directive 98/59/EC of 20 July 1998 on the approximation of the
laws of the Member States relating to collective redundancies [1998]
OJ L225/16��160–61, 238
Council Directive 1997/81/EC of 15 December 1997 concerning the Framework
Agreement on part-time work concluded by UNICE, CEEP and the ETUC –
Annex: Framework agreement on part-time work (the Part-Time work
Directive) [1997] OJ L014/9��27, 42, 161–62
Council Directive 1997/80/EC on the burden of proof in cases of discrimination
based on sex [1998] OJ L 14/6��301
Directive 1996/71/EC of the European Parliament and of the Council of
16 December 1996 concerning the posting of workers in the framework
of the provision of services, [1997] OJ L18/1��43, 65, 151, 173, 197,
256, 264, 285, 331, 333
Council Directive 1993/104/EC of 23 November 1993, concerning certain
aspects of the organisation of working time, [1993] OJ L307/18 (repealed)��42
Council Directive 1980/987/EEC of 20 October 1980 on the approximation
of the laws of the Member States relating to the protection of employees
in the event of the insolvency of their employer, [1980] OJ L283/23 (repealed)��42
Council Directive 1977/187/EEC of 14 February 1977 on the approximation
of the laws of the Member States relating to the safeguarding of employees’
rights in the event of transfers of undertakings, businesses or parts of
businesses, [1977] OJ L061/26 (repealed)�� 41, 159, 335
Council Directive 76/207/EEC of 9 February 1976 on the implementation
of the principle of equal treatment for men and women as regards access
to employment, vocational training and promotion, and working conditions
[1976] OJ L 39/40 (repealed)��292–93, 298
Council Directive 75/117 EEC of 10 February 1975 on the approximation of
the laws of the Member States relating to the application of the principle
of equal pay for men and women [1975] OJ L 45/19 (repealed)��292

International Law

International Labour Organization (ILO) Maritime Labour Convention,

2006 (No. 186)��152–53, 176
International Labour Organization (ILO) Worst Forms of Child Labour
Convention, 1999 (No. 182)��265
International Labour Organization (ILO) Minimum Age Convention,
1973 (No. 138)��265
International Labour Organization (ILO) Minimum Wage Fixing Convention,
1970 (No. 131)�� 46–47, 124, 129, 134, 182,
200, 205, 217, 232–36, 238,
234–35, 250, 353, 383–84
Table of Legislation xxxiii

International Labour Organization (ILO) Minimum Wage Fixing Recommendation,

1970 (No. 135)��217, 219, 222–23,
234–35, 250
International Labour Organization (ILO) Discrimination (Employment and
Occupation) Convention, 1958 (No. 111)��265
International Labour Organization (ILO) Abolition of Forced Labour Convention,
1957 (No. 105)��265
International Labour Organization (ILO) Social Security (Minimum Standards)
Convention, 1952 (No. 102)��52
International Labour Organization (ILO) Equal Remuneration Convention,
1951 (No. 100)��265, 383–84
International Labour Organization (ILO) Minimum Wage Fixing Machinery
(Agriculture) Convention, 1951 (No. 99)�� 234, 384
International Labour Organization (ILO) Right to Organise and Collective
Bargaining Convention, 1949 (No. 98)��261, 265, 311, 499
International Labour Organization (ILO) Protection of Wages Convention,
1949 (No. 95)��213, 219, 223, 383
International Labour Organization (ILO) Labour Clauses (Public Contracts)
Convention, 1949 (No. 94)�� 262, 504
International Labour Organization (ILO) Protection of Wages Recommendation,
1949 (No. 85)�� 213, 223
International Labour Organization (ILO) Labour Clauses (Public Contracts)
Recommendation, 1949 (No. 84)��262
International Labour Organization (ILO) Freedom of Association and Protection
of the Right to Organise Convention, 1948 (No. 87)��261, 265, 311, 353,
380, 390, 499
International Labour Organization (ILO) Labour Inspection Convention,
1947 (No. 81)��250, 252–53
International Labour Organization (ILO) Forced Labour Convention,
1930 (No. 29)��265

National Legislation

Austria
Federal Act enacting a law to combat wage and social dumping (BGBl I 44/2016)
(Austria)��351
Federal Act on the Chambers of Labour and the Federal Chamber of Labour
(BGBl 626/1991) (Austria)��350
Labour Constitution Act (BGBl 22/1974) (Austria)�� 339–46, 350–51
Federal Act of 29 February 1956 on the Remuneration of Federal Civil Servants
(BGBl 54/1956) (Austria)��342
Federal Act of 17 March 1948 on the Service and Remuneration Law of
Federal Contractual Staff (Contractual Staff Act 1948, BGBl 86/1948)
(Austria)��342
xxxiv Table of Legislation

Federal Act of 5 April 1930 for the protection of the freedom of occupation and
the freedom of assembly (BGBl 113/1930) (Austria)��346
Austrian Civil Code – ABGB (JGS 1811/946) (Austria)�� 133, 341

Belgium
Act of 26 July 1996 on the promotion of employment and the preventive safeguarding
of competitiveness (Loi du 26 juillet 1996 relative à la promotion de l’emploi
et à la sauvegarde préventive de la compétitivité) (Belgium)�� 372, 374
Act of 5 December 1968 on collective agreements and joint committees
(Loi du 5 décembre 1968 sur les conventions collectives et les commissions
paritaires) (Belgium)��369–71, 374,
376–79, 381–82
Act of 8 April 1965 instituting shop rules (Loi du 8 avril 1965 instituant
les règlements de travail) (Belgium)��370
Law of 20 September 1948 regarding the Organisation of the Economy
(Loi du 20 septembre 1948 portant organisation de l’économie) (Belgium)��380
1931 Belgian Constitution (Belgium)��375, 378–79

Croatia
Minimum Wage Act 2018 (Croatia)�� 384–85, 387–88,
388, 392–95
Act on Representativeness of Employers’ Associations and Trade Unions
2014 (Croatia)�� 389–90
Act on Base of Salaries in Public Services 2009 (Croatia)��385
Civil Servants Act 2005 (Croatia)��384
Act on Civil Servants and Employees 2001 (Croatia)��384
Act on Salaries in Public Services 2001 (Croatia)�� 384–86
Labour Act 1995 (Croatia)��384, 386, 389–90, 394–95
Constitution of the Republic of Croatia 1990 (Croatia)�� 383, 387

Cyprus
Minimum Wage Law 2022 (Cyprus)��409

Denmark
Act on the European Convention on Human Rights 2022 (Denmark)��530
Act on Conciliation in Labour Market Disputes 2022 (Denmark)�� 520, 532
Danish Holiday Act 2021 (Denmark)�� 524, 533
Act on the Labour Court and industrial arbitration tribunals 2017 (Denmark)��532
Danish Contract Act 2016 (Denmark)��520
Danish Employment Contract Act 2010 (Denmark)��533
Act on Equal Pay 2010 (Denmark)��518
Danish Criminal Code 2009 (Denmark)��518
Act on Conciliation in Labour Market Disputes 2008 (Denmark)�� 520, 532
Discrimination Act 2008 ��518
Table of Legislation xxxv

Act on Freedom of Association 2006 (Denmark)�� 529–30

Danish Working Time Act 2004 (Denmark)��533
Act on the Danish Labour Court and Industrial Arbitration 1976 (Denmark)�� 517, 532

Estonia
Basic Schools and Upper Secondary Schools Act 2018 (Estonia)��359
Employment Contracts Act 2015 (Estonia)��358, 361–62, 367
Civil Service Act 2014 (Estonia)��360
Collective Agreements Act 2012 (Estonia)�� 362, 389
Constitution of the Republic of Estonia 1992 (Estonia)��354

France
Labour Code (Code du travail) (France)��415–16, 418, 420–23, 421, 423

Germany
Minimum Wage Act (Gesetz zur Regelung eines allgemeinen Mindestlohns –
MiLoG) (Germany)��147, 428, 430–31,
435–40, 442
Works Constitution Act (Betriebsverfassungsgesetz – BetrVG) (Germany)��438
Act on Collective Agreements (Tarifvertragsgesetz – TVG) (Germany)�� 432–33
German Basic Law (Grundgesetz) (Germany)��121
German Civil Code (BGB) (Germany)�� 427, 430

Greece
Law N°4093/2012 approving the medium-term fiscal strategy 2013–2016 (Greece)��402
Law No. 1876/1990 concerning free collective bargaining and other provisions
(Greece)�� 397, 402
Greek Constitution (Greece)�� 397, 403

Hungary
Act on promotion of employment and labour inspection 2020 (Hungary)��460
Government Decree No. 367/2019 (XII.30.) on minimum wage and guaranteed
wage minimum for 2020 (Hungary)��444
Act on government administration 2018 (Hungary)��448
Labour Code 2012 (Hungary)�� 443–55
Hungarian Constitution (Fundamental Law) 2011 (Hungary)��449
Act on the National Economic and Social Council 2011 (Hungary)��99, 444,
456–58, 460
Act on public work (2011) (Hungary)��449
Act on public employees 2011 (Hungary)��448
Act on simplified employment states 2010 (Hungary)��448
Act on Sectoral Social Dialogue Committees and intermediate level social
dialogue 2009 (Hungary)�� 450–52
Act on civil servants 1992 (Hungary)��448
xxxvi Table of Legislation

Ireland
Industrial Relations (Amendment) Act 2015 (Ireland)�� 478–79
Workplace Relations Commission Act 2015 (Ireland)��486
Irish Human Rights and Equality Commission Act 2014 (Ireland)��485
Industrial Relations (Amendment) Act 2001 (Ireland)��478–79, 481
National Minimum Wage Act 2000 (NMW Act 2000) (Ireland)�� 475–79, 485, 487–89
Industrial Relations Act 1946 (Ireland)�� 479–82
Trade Union Act 1941 (Ireland)��479
Trade Disputes Act 1906 (Ireland)��481

Italy
Legislative Decree No. 36/2023 on public procurement (Italy)�� 497–99
Legislative Decree No. 50/2016 on public procurement (Italy)�� 497–98
Legislative Decree No. 248/2007 on the cooperative sector (Italy)��496–97, 503
Workers Statute 1970 (Italy)��313–15, 463–64, 469, 472
Italian Constitution 1948 (Italy)�� 63, 122–23, 133, 315,
494–95, 497, 503
Italian Civil Code 1942 (Italy)��496

Latvia
Constitution of the Republic of Latvia 1992 (Latvia)��354

Lithuania
Law on Public Procurement 2018 (Lithuania)��363
Labour Code of Lithuania 2016 (Lithuania)�� 357, 367
Constitution of the Republic of Lithuania 1992 (Lithuania)��354

Poland
Minimum Wage Act (Poland)��507–10, 512
Polish Constitution 1997 (Poland)��507
Polish Labour Code 1974 (Poland)��506

Portugal
Portuguese Constitution 1976 (Portugal)��465
Portuguese Labour Code (Portugal)��466

Slovenia
Employment Relationships Act (ZDR-1) 2013 (Slovenia)�� 384, 387, 394
Representativeness of Trade Unions Act (ZRSin) 1993 (Slovenia)��389
Minimum Wage Act (ZMinP) 1990 (Slovenia)�� 384–85, 387–88, 391
Table of Legislation xxxvii

Spain
Royal Decree-Law 3/2004 on the rationalization of the regulation of the national
minimum wage and the increase of the amount (Spain)��471
Spanish Constitution 1978 (Spain)��470

Sweden
Employment Protection Act 1982 (Sweden)�� 533, 537
Working Time Act 1982 (Sweden)��533
Vacation Act 1977 (Sweden)��533
Co-determination Act 1976 (Sweden)�� 517, 524, 527–28, 531–32, 535–38
Trade Union Representative Act 1974 (Sweden)�� 531, 537
Contracts Act 1915 (Sweden)��520

UK
National Minimum Wage Regulations 2015 (United Kingdom)��20
National Minimum Wage Act 1998 (United Kingdom)��20
xxxviii
1
Introduction: Regulating Minimum
Wages as a Fundamental Challenge
for EU Law

LUCA RATTI, ELISABETH BRAMESHUBER AND

VINCENZO PIETROGIOVANNI

I. Context
In early 2020 the European Commission launched its plan to intervene in the field of adequate
minimum wages, based on the European Pillar of Social Rights’ commitment to ensure
fair wages leading to a decent standard of living for workers and their families. After two
rounds of consultations with European social partners, in October 2020 the Commission
formulated a proposal for a directive,1 which was then discussed and partly revised by the
EU Parliament2 and the Council.3 Notwithstanding the opposition of some Member States,
a final text was eventually agreed upon in June 2022 and consequently published in the
Official Journal of the EU.4
The enactment of the Directive on adequate minimum wages (hereinafter the AMW
Directive) has been welcomed with a variety of reactions from the involved actors at EU
and domestic level. The legal services of both the Council and the EU Parliament have
expressed their positive opinion on the proposed Directive, while also highlighting some
possible setbacks.5 Some scholars, as well as some Member States,6 raised fundamental

1 European Commission, ‘Proposal for a Directive of the European Parliament and of the Council on adequate

minimum wages in the European Union’ (COM/2020/682 final) https://eur-lex.europa.eu/legal-content/EN/TXT/

?uri=CELEX%3A52020PC0682.
2 European Parliament, ‘Draft legislative resolution on the proposal for a directive on adequate minimum

wages in the European Union’ (November 2021) https://www.europarl.europa.eu/doceo/document/A-9-2021-

0325_EN.html#top.
3 Council of the European Union, ‘Opinion of the legal service on the Commission proposal for a Directive on

adequate minimum wages’ (March 2021) https://data.consilium.europa.eu/doc/document/ST-6817-2021-INIT/

en/pdf.
4 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate

minimum wages in the European Union, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:320

22L2041&from=EN.
5 European Parliament, Committee on Legal Affairs, ‘Opinion on the legal basis of the proposal for a Directive

on adequate minimum wages’ (October 2021) https://www.europarl.europa.eu/doceo/document/JURI-AL-

699235_EN.pdf.
6 cf the Danish action for annulment brought before the Court of Justice of the EU on 18 January 2023, Case

C-19/23 Kingdom of Denmark v European Parliament and Council of the European Union, pending.
2 Luca Ratti, Elisabeth Brameshuber and Vincenzo Pietrogiovanni

issues regarding not only the legal basis but also possible conflicts between the regulation
of minimum wages and the national systems of industrial relations. BusinessEurope and
other employers’ associations expressed their concerns on the potential impact of such a
directive on job creation and retention, as well as more technical critiques on its ability
to meet the goals expressed in its preambles. The European Trade Union Confederation
(ETUC), conversely, endorsed the proposed Directive, also considering its symbolic
impact on the construction of Social Europe.
While the AMW Directive’s implementation will concretely depend on a number of
factors – including the individual Member State’s ability to meet the minimum standards
required by the text in addition to the good functioning of domestic industrial relations
systems – its significance goes well beyond the merit of its provisions, touching the core
institutions of labour law and industrial relations of each Member State.
In reality, the policy impact of the AMW Directive is already visible in EU secondary
law. According to the Corporate Sustainability Reporting Directive 2022/2464, European
undertakings are required to comply with mandatory ‘sustainability reporting standards’
on ‘social concerns’ that include, inter alia, ‘working conditions …, adequate wages, …
existence of works councils, collective bargaining, including the proportion of workers
covered by collective agreements, the information, consultation and participation rights
of workers’.7 The respective European Sustainability Reporting Standards explicitly refer
to the AMW Directive and the thresholds provided therein (60 per cent of a country’s
median wage and 50 per cent of the gross average wage) when defining the ‘adequate wage
benchmark’.8
The momentum to intervene is therefore evident at EU level. For the first time since
the Treaty of Rome, the EU has taken the lead in the field of wages with a courageous and
systemic action towards Member States’ labour markets. Far from being just one of the many
EU directives on social policy, the AMW Directive marks a change of paradigm (whether
in the positive or the negative will be for readers to assess) in EU labour law which will have
socio-economic and regulatory effects in the decades to come.

II. Structure of the Book

The book is organised around three building blocks. Part I addresses cross-cutting themes,
such as the function of minimum wages in contemporary labour markets, the AMW
Directive’s legal basis, the respect of subsidiarity and proportionality, and the ability of
minimum wages to combat in-work poverty. In Part II, an article-by-article commentary
is provided, with the aim of considering the main obligations imposed on domestic legal
systems across the EU. Finally, Part III gives the perspective of selected Member States
and detects obstacles and potential inconsistencies as well as opportunities that may be
addressed in the implementation process.

7 Directive (EU) 2022/2464 of the European Parliament and of the Council of 14 December 2022 amend-

ing Regulation (EU) No 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as
regards corporate sustainability reporting, Art 29b.
8 Annex 1 to the Commission Delegated Regulation (EU) 2023/2772 of 31 July 2023 supplementing Directive

2013/34/EU of the European Parliament and of the Council as regards sustainability reporting standards (published
on 22 December 2023).
Introduction 3

A. Part I: Cross-cutting Themes

The first section of the book is devoted to analysing pivotal transversal topics that are essen-
tial for a sound conceptualisation and understanding of any policy intervention in the field
of minimum wages. In particular, the contributors to Part I touch upon three main areas:
1. the function and limits of minimum wage policies and practices in contemporary
labour markets (Chapters 2, 7, and 8). This area embraces a theoretical discussion on
the labour market function of minimum wages, how they integrate (or do not) with the
current momentum for a stronger Social Europe, and how they may help combating
in-work poverty and material deprivation;
2. the fundamental issues that an intervention of the EU legislator in the field of wages
poses to the architecture of EU law (Chapters 3, 4, and 9). This area includes a discus-
sion on the (contested) legal basis adopted by the EU legislator (Article 153 TFEU), on
the regulatory space that EU law may effectively have in the field of wage setting, and
on the impact the AMW Directive might have on deriving a proper fundamental right
to a decent/adequate minimum wage from EU primary law;
3. the role of collective bargaining and social partners, and more in general of collec-
tive autonomy in the fixing and functioning of minimum wage systems (Chapters 5
and 6). This area implies an analysis aimed at conceptualising the main legal institu-
tions devoted to the establishment of minimum wages in industrial relations systems
and testing the ability of social partners to govern minimum wage determinants and
trends.

B. Part II: Commentary

The second section of the book consists of an article-by-article commentary on the AMW
Directive. It analyses its text in the light of the case law of the Court of Justice of the EU
(CJEU) and it anticipates potential inconsistencies with the current social acquis.
At the core of the AMW Directive, the two main regulatory pillars of ‘coverage’ and
‘adequacy’ are assessed in detail. In particular, it is questioned whether the concept of
adequacy embedded in Article 5 and permeating the entire edifice of the AMW Directive
entails a new function of EU social policy in enhancing living and working conditions of
persons working in the EU.
On the many other aspects included in the text, the analysis further touches on the abil-
ity of the AMW Directive to address important issues such as the role of social partners, the
regulation of public procurement, enforcement and the right to redress, and non-regression.
Chapters included in Part II largely respect the following pattern: the ‘Introduction’
features sections on the context of the article under discussion and its historical embed-
ding. Where possible, the law-making process specific to the provision is addressed in this
section. Elaborations on the teleological embedding of the provision that take account of
the AMW Directive’s recitals and the purpose of the specific provision are also to be found
in the introductory section. Furthermore, the article’s relationship to other provisions in
the Directive as well as to other legal instruments is explained. The sections dealing with
the ‘Content’ of each article include a general analysis and in many cases country-specific
4 Luca Ratti, Elisabeth Brameshuber and Vincenzo Pietrogiovanni

remarks, which might then stimulate the reader to have a closer look at the respective chap-
ters in Part III of the book. A concluding analysis provides the reader with the personal
assessment of the author(s).

C. Part III: Impact in the Member States

Despite its aim not to undermine domestic regulatory frameworks, the enactment of the
AMW Directive has a significant impact across EU Member States. Such impact may be
differentiated according to the industrial relations system at stake, and considering the
specific situation of the countries where minimum wages are established by autonomous
collective bargaining agreements.
The choice of the legal systems to analyse has been driven by a number of considerations.
First of all, an adequate territorial representation of EU Member States has been ensured by
including the majority of EU Member States in the scope of the analysis. Second, ratione
materiae, the differentiation between jurisdictions that will fall under the obligations deriv-
ing from Article 4 and those that are instead to be subsumed under Article 5 has been duly
taken into account. Third, the sharp wage differentials across the EU suggested the inclusion
of both high-wage and low-wage countries, to capture the potential impact of the Directive
on levels of in-work poverty.
Based on the vibrant scholarly debates animated since October 2020 by the directive
proposal, the national chapters featured in Part III analyse the systemic impact of the AMW
Directive in the respective Member State. They do not merely focus on implementation
issues, but rather on the imaginaries of changes that the Member States will need to incor-
porate because of the AMW Directive, examining to what extent the text meets the domestic
concerns in the area of (low) wages and (weak) collective bargaining.

III. An Overall Approach to Adequate Minimum Wages

The need to take three different perspectives on the topic of minimum wages derives from
its inherent complexity. Not only do adequate minimum wages have significant macroeco-
nomic implications – including on employment levels, wage distribution, consumer prices,
social security contributions, and the banking system – but they also touch the very essence
of the exchange realised through the contract of employment (the ‘wage-work bargain’) as
well as the axiological foundations of such contract based on human dignity and its corol-
lary of the right to a dignified existence. The legal regulation of adequate minimum wages
therefore elicits theoretical and practical discussions at different levels, all ultimately revolv-
ing around the value(s) of work.
A feature which has been duly considered concerns the variety of minimum wage
systems across EU jurisdictions, in turn characterised by different combinations of (regula-
tory) state legislation and collective bargaining agreements (as well as their related auxiliary
legislation), sometimes concluded also at enterprise level. Such diversity contributes both to
shaping the legal institutions tasked to determine and update minimum wages, and estab-
lishing their level and distribution across the working population.
Introduction 5

While the right to a minimum wage is widely recognised at supranational level – for
instance by the UN Declaration of Human Rights (1948), the two ILO Conventions on
Minimum Wages (1928 and 1970), the Revised European Social Charter (1996) and the
Community Charter of Fundamental Social Rights for Workers (1989) – ‘hard’ EU primary
law still lags behind. Neither EU Treaties nor the Charter of Fundamental Rights of the
EU contain clear indications of where an individual (fundamental) right to receive an
adequate, sufficient, fair minimum wage may be derived from. Furthermore, EU law as such
does not contemplate a right to receive a minimum wage commensurate with the needs
of workers and their families. All such attributes of minimum wages are therefore to be
inferred through legal interpretation and contextualisation with the domestic legal situa-
tions, to which some chapters of this book are dedicated.
Overall, the book provides the reader with an ample theoretical background on the role
of minimum wage legislation and social partners in contemporary labour markets.
6
Part I

Cross-Cutting Themes
8
2
In Search of Adequacy in Contemporary
Labour Markets

ZOE ADAMS

I. Introduction
The AMW Directive gives expression to the commitment of the President of the European
Commission, Ursula Von der Leyen, to ‘propose a legal instrument to ensure that every
worker in our Union has a fair minimum wage’,1 by imposing a legal obligation on Member
States to guarantee the existence of minimum wage-setting mechanisms capable of securing
adequate wages to all workers. In this context, ‘adequacy’ is equated with the realisation of a
range of socio-economic outcomes: the enjoyment by all workers of a decent standard of
living irrespective of where they work; the promotion of fair competition; the avoidance of
social dumping; the ending of in-work poverty, and the narrowing of the gender wage gap.2
In order to facilitate scholars’ and social actors’ attempts to critically assess and tease
out the implications of the AMW Directive, this chapter develops a theoretical framework
through which to understand the conception of adequacy towards which the Directive
aspires, how far its concrete provisions actualise and embody this aspiration, and how well
they are likely to achieve it.
For this purpose, the chapter draws a distinction between three different understand-
ings of the role of minimum wage-setting mechanisms in the context of a capitalist labour
market: (a) a market ‘correcting’ conception of minimum wages, which sees minimum wage
mechanisms as a way of regulating competition, preventing, or remedying, market imper-
fections, so as to keep supply and demand in equilibrium (thereby maximising employment
opportunities while minimising job losses); (b) a market ‘constituting’ conception, which
sees minimum wage mechanisms as a necessary part of the process by which labour
markets are institutionalised, guaranteeing the conditions in which they can sustainably
function; and (c) a market ‘challenging’ conception, one which seeks to expose the political
and contingent nature of the way in which labour markets are institutionalised, and social
reproduction organised.

1 ‘State of the Union 2020’ (European Commission) https://ec.europa.eu/info/strategy/strategic-planning/

state-union-addresses/state-union-2020_en.
2 Commission, ‘Proposal for a Directive of the European Parliament and of the Council on adequate minimum

wages in the European Union’ COM (2020) 682 final.

10 Zoe Adams

The chapter will show that each perspective on the function of minimum wage-setting
mechanisms supports a different conception of adequacy: a different understanding of what
‘adequate wages’ should aspire to do, and how they should be set, and enforced, and that
these different understandings have important implications for the role of an institution like
the EU in relation to minimum wages.
The rest of this chapter proceeds as follows. Section II explores the contradictory
functions of wages in a capitalist society, with a view to understanding the structurally
necessary role of minimum wage mechanisms when it comes to securing their perfor-
mance. Section III goes on to draw on this analysis to contrast competing understandings
of the function of minimum wages – the market-regulating; the market-constituting; and
the market-challenging – and the different conceptions of adequacy which they support,
exploring the emergence of such conceptions in concrete theoretical, and social, move-
ments throughout the nineteenth and twentieth centuries. Section IV concludes with some
observations about how to apply the analytical framework developed in the chapter to
critically assess the notion of adequacy that inspired and is embodied in the AMW Directive,
and the likely implications of this Directive for the wider class struggle.3

II. The Functions of the Wage

A. Wages and Markets
Capitalism is characterised by the fact that decisions about how to use, and distribute, soci-
ety’s collective resources, including ‘labour time’, are primarily mediated by markets, rather
than, for example, collective decision-making mechanisms, and/or democratic institutions.4
This ‘market mediated’ mode of distribution is predicated on the assumption that where
individuals are able to make decisions about what to buy and sell, and how much, free from
coercion, they will make those decisions purely on the basis of what different commodities
are worth to them, when assessed by reference to their subjectively conceived interests. In
a context of generalised, and regular, exchange, therefore, prices will come to reflect the
true value of different commodities as compared with the value of all other commodities
exchanged in the labour market, securing an ‘efficient’ allocation of resources throughout
society – an allocation consistent with maximising aggregate (private) welfare.
In labour markets, then, we can expect employers to pay a ‘wage’ for labour power that
reflects the value of that labour power to them; a wage which simultaneously reflects the
costs, to the worker, of giving up that labour power.5 At a societal level, then, we would
expect wage rates to converge in the long-run (as supply and demand tend towards equi-
librium) around the costs of reproducing the labour power of the average worker, with
wage rates supporting, therefore, a standard of living for the working class that is most

3 While an understanding of the appropriate personal scope of minimum wage-setting mechanisms is relevant

to understanding the underlying conception of wages it expresses, this matter is discussed at length in later chap-
ters and thus it will not be covered in this chapter.
4 N Fraser and R Jaeggi, Capitalism: A Conversation in Critical Theory (John Wiley & Sons, 2018).
5 J Hicks, The Theory of Wages (Springer, 1963).
Adequacy in Contemporary Labour Markets 11

compatible with maximum aggregate welfare.6 Thus, from this perspective, with wages
studied through the lens of market practices, their functions as prices, co-ordinating
decision-making in order to secure an efficient allocation of resources, is entirely consist-
ent with – and parallels – its subsistence functions: its role in determining workers’ living
standards, and ensuring that their costs of living can be met.

B. Wages and Social Reproduction

If, however, we shift perspective away from the market, to explore the wider conditions that
sustain it, things begin to look somewhat different. Markets, and the ‘laws of supply and
demand’ that are so central to capitalism, do not exist in a vacuum. Rather, markets become
the primary mechanism mediating the distribution of social resources only in the context of
a particular mode of production and, thus, a particular form of socio-economic relations.7
The nature and dynamics of these markets cannot, then, be fully comprehended in isolation
from these particular relations and the wider structure in which they are located, and from
which they develop. Central to this ‘wider structure’ is the particular set of social relations,
and particular power-dynamic, that emerges as a result of the systematic exclusion of the
direct producers from access to the non-market means of subsistence, and their resulting
dependence on selling their labour power to others in order to live. It is this dependence
that lies at the heart of capital’s social power, the power of those in possession of money
(capital) to influence the purpose to which the productive energies of society are put. It
is this power, moreover, which frames the bargaining positions of individual workers and
employers, and thus shapes the resulting terms of any ensuing arrangement. Because the
interest of those purchasing labour power lies in maximising output relative to input, a
fundamental antagonism or struggle exists within the context of individual work relations;
this encourages employers to maximise the effort they extract from workers, relative to the
wage they pay, and workers to actively resist these strategies, attempting to minimise effort
relative to the wage.8

C. Minimum Wages as a Response to the Tension between Markets

and Social Reproduction
The struggle by individual workers to maximise their wages and improve their working
conditions, relative to the amount of work they expend, and by individual employers to
increase the amount of surplus labour they extract from their own workers, with a view to
boosting profits, ultimately determines the balance of power between labour and capital
at a macro level. We might refer to this as the rate of exploitation – as workers attempt to
defend their living standards, and capital attempts to increase the rate of accumulation, or

6J Bates Clark, The Distribution of Wealth: A Theory of Wages, Interest and Profits (Macmillan, 1908).
7 Fraser and Jaeggi (n 4).
8 K Marx and F Engels, Wage-Labor and Capital (International Publishers, 1969) http://slp.org/pdf/marx/w_l_

capital.pdf.
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The wax-makers having thus laid the foundation of a comb, the
nurse-bees come to model and complete the work. The former are
the labourers, who convey the materials; the latter, the artists, who
work them up into the required form. One of the nurse-bees places
herself horizontally on the vault of the hive, her head corresponding
to the centre of the wall which the wax-makers have left, and which is
to form the partition of the comb into two opposite assemblages of
cells; and rapidly moving her head, she moulds with her jaws a cavity
which is to form the base of one of the cells. When she has worked
some minutes she departs, and another takes her place, deepening
the hollow, and heightening its sides by heaping up the wax to the
right and left, by means of the teeth and fore feet. More than twenty
bees successively employ themselves in this work. When arrived at a
certain point, other bees begin on the yet untouched and opposite
side of the mass, and commencing the bottom of two cells, are in
turn relieved by others. While still engaged in this labour the wax-
makers return, and add to the mass, increasing its extent every way,
the nurse-bees again continuing their operations. After having
worked the bottoms of the cells of the first row into their proper
forms, they polish them, and give them finish, while others begin the
outline of a new series.
The cells themselves, consisting of
six-sided tubes, are next constructed.
The bees commence by making the
edges of the cavities of equal height, so
that all the margins of the cells offer an
uniformly level surface. The sides are
COMMENCEMENT OF CELLS.
heightened in an order similar to that
which the insects follow in finishing the
bottoms of the cells; and the length of these tubes is so perfectly
proportioned, that there is no observable inequality between them. It
is to be remarked, that though the general form of the cell is
hexagonal, or six-sided, that of those first begun is an irregular
pentagon, the side next the top of the hive, and by which the comb is
attached, being much broader than the rest; whence the comb is
more strongly united to the hive than if these cells were of the
ordinary shape.
In giving the proper forms to the bottoms of the cells, the bees
make much use of their antennæ, which extraordinary organs they
seem to employ as directors, by which their other instruments are
instructed to execute a very complex work. They do not remove a
single particle of wax until the antennæ have explored the surface
that is to be sculptured. By the use of these organs, which are
flexible, and readily applied to all parts, however delicate, they can
perform the functions of compasses in measuring very minute
objects, and can work in the dark, and raise their wonderful combs.
All these proceedings are conducted with the utmost regularity.
The original mass of wax is increased in a uniform quantity by the
wax-makers, who merely produce and carry the materials, but have
not the art of sculpturing the cells. Two masses of wax for combs are
never begun at the same time; but no sooner are some rows of cells
constructed in the first mass, when two other masses, one on each
side of it, are established at equal distances from it, and parallel to it,
and then again two more exterior to these. In a new hive the bees
work with such rapidity, that in twenty-four hours they will
sometimes construct a comb twenty inches long by seven or eight
inches wide, and the hive will be half filled in five or six days; so that
in the first fifteen days as much wax is made as in the whole year
besides.
The commercial value of wax is considerable. A simple way of
preparing it for use is as follows. When the hive has been cleared of
honey, the wax is put into a woollen bag firmly tied at the mouth; the
bag is plunged into a pan of boiling water; the pure material oozes
through the cloth, and swims upon the surface; it is carefully
skimmed off, as long as any continues to rise, and poured into a
shallow earthen bowl, which is previously wetted to prevent the wax
from adhering to its sides. It must be allowed to cool very gradually,
otherwise the cake which it forms will crack.
An inferior kind of wax is made by those large bees called humble
bees, whose gay colours and booming flight make them so well
known in our gardens.
Early in spring, as soon as the catkins of the willows are in flower,
a large solitary female may be seen about them collecting honey and
pollen. She is the only survivor of the former year’s colony, and is the
foundress of a new one. Her first care on awaking from her winter’s
sleep is to excavate a hollow in the
earth for her nest, which is often above
a foot under the surface, and is entered
by a passage or gallery. When
complete, she lines it with soft leaves,
and then proceeds to make her waxen
cells. This she does so quickly,[2] that
she can build a cell, fill it with honey
and pollen, deposit one or two eggs in
it, and cover them in, in little more FEMALE HUMBLE BEE.
than half an hour. A number of these
cells are thus constructed; the eggs are
hatched, and the little worms, increasing rapidly in size, at last spin
silken cocoons, and undergo the usual changes. The workers are the
most numerous portion of the population, and have abundant
employment throughout the summer. One of their first cares is to
line the roof of their nest with wax, to keep it warm and prevent
water from filtering through. The wax of these insects is not so
delicate, white, firm, or fusible as that of the hive bee, nor is it
applied to such exquisite architecture; it is brown and soft, but well
adapted to the rude works of their nest. It is formed in wax-pockets
similar to those of the hive bee, and is moulded in plates to the shape
of the insect’s body. Unlike the queen of the hive, the foundress of
this colony secretes wax, and does so even more abundantly than one
of her workers.
2. The rapid formation of wax in the case of humble bees is very remarkable.
Huber confined a number of them, and fed them during many days with pollen
only; they produced no wax, constructed no cells, and laid no eggs; but on giving
them honey, wax was produced in a few minutes, and the work of the colony
proceeded.
The interior of a humble bee’s nest has none of the beauty and
regularity of the hive. Instead of a number of vertical combs of wax
there is a confused and clumsy assemblage of egg-shaped bodies of
dirty-coloured wax, placed one above the other, forming a series of
horizontal combs, resting upon each other and connected by small
pillars of wax. These egg-shaped bodies are of different sizes; those
in the middle being the largest, closely joined to each other, and each
group connected with those next it by slight joinings of wax. These
oval bodies are the silken cocoons spun by the young larvæ; some are
closed at the top, and include inmates; others, chiefly in the lower
combs, are open, the young bees having escaped from them. On the
surface of the upper comb are several masses of wax of a roundish
and irregular form, about an inch and a quarter in diameter and half
an inch deep; these are brood cells, containing each six or seven large
larvæ, lying close together upon a quantity of pollen and honey
placed there for the purpose of nourishing them as soon as they are
hatched. When the food is consumed, the workers make an opening
in the top of the cell and introduce a new supply, taking care to seal
up the cells again. The cells are sometimes split open as the grub
increases in size, upon which the workers fill up the cracks with wax,
as fast as they occur. It is a curious fact, that these insects make use
of the empty cocoons as honey-pots, first lining them with wax, and
strengthening them round the edges with a waxen ring. Some nests
contain as many as fifty or sixty of these honey-pots, containing
stores for daily use, and which are never sealed over like the cells of
the hive bee, because all the colony except one female dies at the
approach of winter, and this solitary female lies in a torpid state
during that season.

CELLS OF THE HUMBLE BEE.

But bees are not the only wax-makers in the world. There is, in
China, an insect called the white wax insect, which, in its caterpillar
state, deposits a sort of wax on the branches of trees. Sir George
Staunton tells us that accident led him to observe some swarms of
uncommon insects busily employed upon the branches of a shrub,
not at that time in fruit or flower, but whose leaves and general
growth somewhat resembled our privet. These insects, not much
bigger than common flies, were of curious structure, having an
appendage to their bodies, in shape like the tail feathers of our
common fowl. This, as well as the whole body, was either perfectly
white, or covered with a white powder, some of which was left in the
track of the insect on the stems and leaves of the shrub. This was the
early stage of the insect’s life, and that in which wax is formed. The
wax is described as being a greasy white substance when first
deposited on the leaves and branches, where it soon hardens into a
more compact form. The insect in its perfect state is of a blackish
chestnut colour, and is furnished with wings. It deposits its eggs in
little pellets about the size of a grain of millet, but these enlarge in
the spring, and being attached to the branches, give to the shrub
exactly the appearance of being loaded with fruit. About Midsummer
these pellets open and disclose the insects, which soon begin to crawl
about the branches and deposit wax.
It is in the autumnal months that the Chinese scrape the wax from
the branches of trees, collecting it in a vessel, and then melting and
straining it. They next coagulate it by pouring it into a vessel of cold
water, and this gives it a pasty form, in which it is easily made into
cakes of the required size. This wax is exceedingly white and glossy,
and when mixed with oil and made into candles, it is even superior
for that purpose to the wax made by bees. Sir G. Staunton says that
the product of these insects not only coagulates into wax, but will
cause oleaginous substances to coagulate likewise, so that if one part
of this wax be dissolved in three parts of heated olive oil, the whole,
when cold, will coagulate into a mass, possessing a degree of
firmness nearly equal to that of bees-wax. A Chinese writer states
that it was not until the dynasty of Yuen that the wax made by these
insects became known in China; but that as soon as its properties
were ascertained, persons of all ranks began to use it, both in
medicine and domestic economy. The medicinal qualities of the wax
were much extolled by Chinese physicians, and a curious use of it is
stated in Grosier’s China, namely, that the Chinese orators, when
about to speak in public and needing assurance, previously eat an
ounce of this wax to prevent swoonings. But apart from virtues which
existed chiefly in the fancy of the Chinese, the uses of this substance
in making candles, and for the ordinary purposes to which bees-wax
is applied, are highly important. The wax, it is said, is carried to court
and reserved for the emperor, the princes, and chief mandarins. The
producing insects are found in most of the south-eastern provinces
of China, as well as in Cochin China.
Nearly the whole of the wax employed in Europe, and the greater
part of that consumed in America, is the produce of the common hive
bee, but in the latter country the produce of wild bees is also
extensively used. Wax forms an important branch of trade and
commerce in all those countries where the Roman Catholic religion
prevails, being extensively used in the festivals and rites of that
church. According to Humboldt, wax to the value of eighty-three
thousand pounds was formerly annually exported from Cuba to New
Spain, where the quantity consumed in the festivals of the church is
immense, even in the smallest villages. The total exports from Cuba
in the year 1803 were worth upwards of 130,000l.
CHAPTER V.
MANUFACTURE OF HONEY BY THE HIVE
BEE.

Many and various are the trees, shrubs, and plants, yielding
blossoms rich in honey, which have been recommended to be
cultivated in the neighbourhood of bee-hives; and no one can have
watched the proceedings of the industrious inhabitants without
observing that the early blossoms of the sallow and of the horse-
chestnut seem peculiarly acceptable, and later in the season those of
the lime; while mignonette, thyme, rosemary, lavender, and various
other flowers, are assiduously visited by these diligent collectors. But
the best stores of our gardens yield a scanty supply compared with
the treasures of the fields, such as bean blossoms, and clover
blossoms. The latter crop (especially the white Dutch clover called
honeysuckle) is so rich in sweet juices, that when there is plenty of it,
a good supply of honey is also pretty certain.
THE PASSION-FLOWER.

(Passiflora Cærulea.)

In autumn, bees attack fruit after birds or snails have removed the
outer skin. They also consume honey-dew, the sweet fluid which is
dropped by the aphis. At this season also the Passion-flower affords a
seasonable supply of liquid honey. The fondness of the bee for the
honey of this flower is thus noticed by Mr. Wailes in the
Entomological Magazine. He says, “Against the south front of our
house, several plants of the Passiflora Cærulea are trained, which
cover it to the height of some twenty feet, or thereabouts; and, from
July to November, the constant succession of its beautiful flowers
attract great numbers of the hive bee, especially during autumn,
when flowers productive of much honey are scarce. Every one knows
the passion-flower, and need hardly be told that one series of the
rays of the nectary closely surrounds the stipes or shaft, whilst other
two are beautifully spread over the horizontal leaves of the corolla;
but perhaps few are aware that the tube of the calyx contains several
drops of pure and delicious honey. On the arrival of each bee, I can at
once tell whether it has been a prior visitor or not, by its mode of
procedure. Should it be a first visit, the little busy creature is for a
time quite at a loss; it, of course, scents the honey, but cannot
discover the entrance to the storehouse. Convinced that there is
plenty of the object of its search in the flower, the bee hurries over
the surface in all directions, now running its head fast between the
corolla and the outer double series of the rays of the nectary, now
entangling itself amongst the beautiful rays themselves, and anon
mounting the stipes, and ransacking the parts of fructification. At
length, after a bustling scene, which frequently lasts for two or three
minutes, and which the bee’s certainty that honey is concealed
somewhere in the neighbourhood prevents its quitting in despair,
sometimes apparently by mere chance, at others by running the
scent home, its indefatigable labours are rewarded. Now, with its
tongue inserted amongst the rays surrounding the shaft, and past the
projecting rim which almost closes the entrance to the tube of the
calyx, it drinks its fill, and flies off for the hive, to deposit its treasure,
and profit by experience on a future trip. Far different is the manner
of the bee that has been at the work before; it wastes not a moment
of the time which the approach of winter renders doubly valuable,
but at once alights on the flower, runs to its centre, and plunging its
tongue into the liquid sweet, hurries back loaded to the hive.”
Ancient writers speak of the practice of removing bees to fresh
pastures every autumn, as common in their times; and this practice
is still continued in many parts of the world with great advantage to
bee-keepers. Towards the end of August, when wild flowers have
almost disappeared, and gardens are fading, and clover is no longer
in blossom, it is very desirable to find some fresh pasturage for the
bees. The autumnal transportation of bees is approved of in the east,
and also in many parts of the European continent; but in England it
is seldom adopted. Nevertheless, it is almost universal in Scotland.
“About five miles from Edinburgh,” says Dr. Bevan, “at the foot of the
Pentland hills stands Logan House, supposed the former residence of
Sir W. Worthy, celebrated by Allan Ramsay, in his ‘Gentle Shepherd.’
The house is now occupied by a shepherd, who, during July and
August, receives about a hundred bee-hives from his neighbours
beyond the hills, that their bees may gather the honey from the
luxuriant blossoms of the mountain heather.” This is only one
instance out of numbers, for in this way our careful northern
neighbours manage to double their harvest of honey, taking not
unfrequently almost the whole store from their hives before
transporting them to the moors, and reaping an ample quantity
again on their return in three weeks’ time.
A writer on this subject regrets that our own moorlands are not
made available to this end. “The very air,” he says, “is often redolent
with the rich perfume, while here and there a solitary bee is seen or
heard, labouring with wearied wing among the inexhaustible stores
of nature, and scarcely able to regain its lonely shieling in the distant
vale. When we consider the poverty of our mountaineers, and their
frequent want of occupation, it is the more to be lamented that so
easy a source of emolument should lie open to them in vain.” From
the Journal of Agriculture we learn that Poland is, perhaps, the
greatest honey-producing country in Europe. In the provinces of
Podolia, Ukraine and Volhynia in particular, the cultivation of the
honey-bee has long formed an object of national importance; and
these bee-gardens are not only very numerous and extensive, but
they are also common in other parts of the kingdom. There are
cottages in Poland, with very small portions of land attached to them,
on which are to be seen as many as fifty hives; while there are
farmers and landed proprietors who are in possession of from one
hundred to ten thousand hives. There are some farmers who collect
annually more than 200 barrels of fine honey, each barrel weighing
from 400 to 500 lbs., exclusive of the wax. A tenant is often in this
way enabled to pay his rent and taxes, to defray other domestic
expenses, and often to accumulate handsome dowries for his
daughters.
The middle of September is about the time for the honey-harvest,
or in-gathering of the stores of the hive. Those hives which are
designed for winter stock must be set apart and weighed. A common
straw hive when empty weighs from five to six pounds, an ordinary
swarm about four pounds, the wax of a full hive two or three pounds,
the farina in the cells one pound, making in all fifteen pounds. A
stock, therefore, to be secure, must weigh double that amount, that
is, it should not contain less than fifteen pounds of honey. The bees,
it is true, may exist through the winter on a smaller quantity than
this, but this would depend very much on the nature of the season;
whereas with fifteen pounds they are considered safe, so far as food
is concerned, whatever the temperature may be. These stock-hives
being selected, the cultivator now proceeds to take the honey from
the rest of the hives.
There are three ways of taking honey, known as “partial
deprivation,” “suffocation,” and “driving.” For the first of these, hives
of two stories are mostly employed. Immediately after the swarming
season another story, or box, is added, either above or below, and
one of those filled with honey is taken away. If this be done early
enough in the season, there will be time for the bees to fill the empty
story before winter; but if it be delayed, as is sometimes the case,
until the beginning or middle of September, then the bees, having no
opportunity of replacing what has been taken away, will be starved
before the winter is over. This method of taking honey is by no
means general, apparently because, from an error as to the time of
performing the operation, it has frequently failed.
The second, or suffocating process, is effected by taking strips of
linen rag, dipping them in melted brimstone, and placing them on a
few sticks in a hollow place in the ground: then light is set to the
rags, and the hive quickly set over them. Every hole being stopped up
to prevent the escape of the sulphur fumes, the bees are soon
suffocated, and the combs discoloured. This cruel and objectionable
practice is, perhaps, the most common of any, being the least
troublesome, though not the most economical mode of getting at the
honey.
The third, or driving system, saves the lives of the bees, by turning
them out into a well-stored stock-hive, and need not give any great
amount of additional trouble. It is thus described in the Naturalists’
Library:—“In the evening, when all are quiet, turn up the hive which
is to be operated upon, fixing it in a chair from which the stuffed
bottom has been removed; place an empty hive above it, wrap a cloth
round the point of junction, to prevent the bees from coming out and
annoying the operator; then, with a short stick or stone in each hand,
beat round the sides, but gently, for fear of loosening the combs. In
five minutes the panic-struck insects will hastily mount into the
empty hive, with a loud humming noise, expressive of their
trepidation. The hives are then separated; that containing the bees is
placed on its usual pedestal, and the other, containing the honey, is
carried off. The union is next to be effected. Turn up the stock-hive
which is to receive the addition to its population,—with a bunch of
feathers, or a small watering-pan, such as is used for watering
flower-beds, drench them with a solution of ale and sugar, or water
and sugar made a little warm. Do the same to the expelled bees; and
then placing these last over the stock, mouth to mouth, a smart rap
on the top of the hive will drive them down among the bees and
combs of the undermost hive. Place this last on its pedestal, and the
operation is completed. The strong flavour of the solution will
prevent them from distinguishing between friend and stranger; and
their first movement after recovering from their panic will be to lick
the liquid from one another’s bodies. It will be an advantage, though
a little additional trouble, to search for and destroy the queen of the
expelled bees before the union takes place.”
When the bees have been removed from the hives by one of the
above processes, the operation of extracting the honey must
commence immediately, while the hive is yet warm. The warmth may
also be kept up by allowing it to flow in a room where there is a fire.
The comb should be kept from the air as much as possible, for which
purpose some cultivators make use of a tin-covered vessel, pierced
with holes at the bottom, and made to fit into another similar vessel
fit to receive the honey. Pieces of comb, sliced horizontally, are put
into this covered vessel, and the honey filters through the bottom,
being first passed through a filter of wire-cloth or muslin placed at a
little distance above the other. This upper filter prevents the vessel
from becoming clogged with particles of wax, and increases the
purity of the honey. A spigot in the lower vessel allows the honey to
pass out into store jars.
Such are some of the processes by which the honey and wax of
bees are made available to our use. Honey is of less importance to
mankind since the discovery of sugar; but it will always rank among
the wholesome and agreeable luxuries of life; while in countries
where sugar is not so easily obtained as it is among ourselves, it
holds a much more important position. In the Ukraine, some of the
peasants have four or five hundred bee-hives, and make more profit
of their bees than of their corn. In Spain, also, the number of bee-
hives is said to be immense, a single parish priest having been known
to possess five thousand.
Rock-honey, found in some parts of America, is thin and clear as
water, and is the produce of wild bees, which suspend thirty or forty
waxen cells, resembling a bunch of grapes, to a rock.
Green honey, found in the Isle of Bourbon, and exported to India,
where it fetches a high price, is the produce of a bee much esteemed
in that island. It produces sweet and fragrant honey, of the
consistency of oil, and of a green colour.

ANOTHER INTERIOR OF A BEE-HIVE.

MALE COCHINEAL INSECT.—(Magnified.)

FEMALE.—Upper surface.
CHAPTER VI.
MANUFACTURE OF COCHINEAL BY THE
COCCUS CACTI, OR COCHINEAL INSECT.

The cochineal insect is extremely valuable in commerce, as

yielding a brilliant red dye, and we may with propriety class it among
insect manufactures, because, although its destruction is necessary
to obtain the colouring matter, (the actual body of the insect forming
the dye,) yet this beautiful colour is elaborated from the food on
which it feeds, as honey and wax are elaborated by the bee, or silk by
the silkworm. We do not find, it is true, any especial care or effort on
the part of the insect in the production of the cochineal, and in this
respect it differs from the examples already given; but the rich colour
which pervades the body of the insect appears to result simply from
the juices of the particular species of cactus on which it feeds. Yet
being to us the only means of obtaining the brilliant dye in question,
the cochineal insects must be reckoned highly useful, though
involuntary, manufacturers.
Cochineal insects are very small, delicate creatures, remarkable for
the great difference in the form of the male and female. The former
has a slender body, long antennæ, and two large wings; the latter an
oval body, without wings, and short antennæ. The mouth in both
insects consists of a small conical bill and sucker, adapted for feeding
on the juices of vegetables. At first, all the young brood, whether
male or female, resemble tiny red tortoises, and are busily engaged in
feeding on the stems and leaves of plants, which they pierce with
their sharp beaks so as to do much injury. During this active period
of their lives the insects continue to increase in size, but the period
soon arrives when they undergo a transformation. All the insects fix
themselves firmly to plants or stems, and the male soon appears in
his new dress as a fly, while the female merely changes her skin, and
remains fixed to the bark, which she gradually becomes so nearly
like, that it is difficult to distinguish her. She now lays her eggs,
which are very numerous, and which she accumulates beneath her
body; but, at the same time, she gradually dwindles in size until her
body becomes a mere pellicle or thin membrane enclosing the brood.
The mother then dies, but her dried body remains as a sort of shell or
cocoon for the protection of her young. When these are hatched, they
soon make their way from beneath the scaly covering, and commence
feeding vigorously on the juices of the plant.
To the persevering exertions of a French gentleman, M. Thierry de
Menonville, it was owing that the culture of the cochineal became
known in the West India islands. This gentleman left Port au Prince,
in St. Domingo, in January 1777, with the express object of procuring
some living cochineal insects of the finest sort from Mexico, and
bringing them for propagation in the French West India islands; an
enterprise for the expense of which the French government had
allotted the sum of four thousand livres. Owing to the jealousy of the
Spanish government, there was great difficulty in penetrating as far
as the cochineal districts, and M. Thierry pursued a plan to effect his
object which cannot be considered justifiable, since it involved a
departure from truth. At first he feigned ill health, and obtained
permission to use the baths of the river Magdalena; but, instead of
going thither, he proceeded as fast as possible in the direction of the
desired district, where he was successful in getting some plants laden
with cochineal, as a pretended remedy for gout. From his account of
the expedition we gather the following particulars.
After numerous fatigues and dangers he at length saw himself near
the end of his journey, and approached Guaxaca. At a village, within
a short distance of that place, he saw, for the first time in his life, and
with the utmost pleasure, the fine cochineal feeding on the nopal, or
cactus, which it frequents. He saw a garden full of nopals, and not
doubting but that they were laden with cochineal insects, he sprang
from his horse, and, under pretence of adjusting his stirrups, entered
into conversation with the Indian proprietor of the garden. He asked
him with apparent indifference what was the use of those plants, and
was answered, that they were for the cultivation of grana. Feigning
surprise, de Menonville asked to be permitted to see this grana, and
he was really astonished when the insect was brought to him, for he
had supposed it red, and it was in fact covered with a white powder.
“My doubts,” he says, “were tormenting, but I suddenly thought of
the expedient of crushing one upon white paper, when what did I
see?—the true purple of kings!” Full of delight and anticipation, the
traveller now set forward towards the spot where he might hope to
make himself acquainted with the culture of the precious insect, and
purchase a store for transportation.
Nothing could be more beautiful than the situation of Guaxaca,
capital of the province of that name. Standing in the midst of fertile
and extensive plains, at the foot of a majestic mountain range, and
watered by a fine and noble river, this city is richly supplied with
corn and fruits of all kinds, at the same time that its environs supply
a most favourable site for the culture of the cochineal. The air,
continually refreshed by easterly breezes in the morning, and
westerly in the evening, is pure and delicious, like that of a May
morning. Indeed, our traveller asserts, that for magnificence of site,
beauty of decoration, excellence of soil, fine temperature, and
abundance of European and American fruits succeeding each other
without intermission, nothing is wanting to Guaxaca to make it an
enchanting spot, but an active and industrious people, to avail
themselves of its natural advantages.
At Guaxaca de Menonville acted with caution, and did not betray
any undue anxiety respecting the cochineals. Yet he provided himself
with chests large enough for their conveyance together with the
plants on which they fed. Under pretence of buying flowers, he went
into a garden where there was a beautiful nopalerie, and while they
were making up the bouquet he had ordered, he took the opportunity
of observing the arrangement of the nopals. They were planted four
feet apart in lines, the lines being six feet asunder. The nopalerie
belonged to a negro, and it was here that a purchase might in all
probability be effected. On another occasion, therefore, de
Menonville took two Indian servants, each bearing a large hamper,
and repaired very early in the morning to the garden. He left his
servants at the entrance, and entered alone. The negro proprietor
had scarcely risen, but he came forward in a frank and agreeable
manner. De Menonville then told him, that being a physician, he was
anxious to make an ointment of his own invention for the cure of
gout, and for this purpose he wished to purchase some branches of
nopals laden with cochineal, for which he was willing to pay
whatever the owner should demand, provided he might make his
own selection of the branches suitable to his purpose. The Indian
willingly complied, and accordingly the hampers were brought in,
and eight fine branches, each two feet high and so loaded with
cochineals as to be quite white, were speedily cut, packed, and
covered with cloths. He then asked him how much he had to pay; the
negro answered that he could not possibly sell them for less than two
reals. Our traveller fully believed him, and would have purchased
them, if necessary, at a much larger sum. That the negro might not
think him dissatisfied with the bargain, he gave him a piaster (value
eight reals), telling him he had no change, and therefore he should
give him the rest to drink his health. The good old negro rubbed his
eyes, thinking he was still dreaming, and then loaded de Menonville
with thanks, while the latter brought in his two Indians, gave them
the hampers to carry, and then set off as fast as possible. “My heart,”
he says, “beat quickly, for it seemed to me that I had carried off the
golden fleece, but might yet be pursued by the furious dragon who
kept guard over it. All along the road I kept saying, ‘At last they are in
my power;’ and I could willingly have sung for joy if I had not been
afraid of being heard. I arrived at my inn quite out of breath, without
having met a single person in the streets; it was about sunrise; no
one was awake in the house, and I crept quietly to my room, where I
arranged my nopals, with inexpressible delight, in the caskets I had
purchased for that purpose.”
COCHINEAL CACTUS.

After innumerable difficulties and dangers this traveller reached

St. Domingo in safety, but with only a small part of his insects living.
These, however, he was successful in rearing and multiplying until a
flourishing nopalerie was established. He found, by experience, that
five or six species of cactus opuntia will nourish these insects, but
that some are far more valuable than others. He also proved that the
colours of the flowers and fruit of the plants, whether red, violet,
yellow, or white, did not in any way affect the colour of the cochineal,
nor indicate the greater or less aptitude of the plant to nourish the
insect. The thorny species were less convenient on account of the
pain and annoyance to the hands of those who managed the nursery;
but in some of these the younger branches were nearly free from
prickles.
The terms nopalerie for the nursery, and nopal for the plant, are
preserved among the French cultivators of cochineal, in
remembrance of the Mexican origin of such nurseries. The enclosure
should be secured by walls or a quick hedge; not from the fear that
any animal will prey upon the plants, since no large quadruped is
known to have a taste for them; but simply to keep out such as might
by accident or fear be driven through the grounds, and trample on
and destroy the crop.
An acre, or an acre and a half of land, when planted with nopals, is
sufficient to keep one Indian well employed during six months of the
year. The plants should be so situated as to receive the full influence
of the morning sun, which is of great consequence to the welfare of
the cochineal. Every part of the ground should be as neat as a well-
kept garden, and every injurious insect watched for and destroyed.
The spider alone is permitted to weave her nets in peace, and for this
reason: she is the great enemy of many insects which injuriously
affect the cochineals, while she herself does not touch one of them.
The nopal requires a good soil, where the drainage is excellent.
Shelter from the wind, and exposure to the sun, are the two great
requisites, and with this there must be a tolerably settled climate,
otherwise the harvest will be uncertain.
When in a favourable situation, the nopal requires less care and
cultivation than almost any other plant: it would even appear that
the less it is meddled with the better it succeeds. As soon as a nursery
ground is laid out, cleaned, and drained, planting commences, the
season being the dry period just before the spring rains. Alleys or
paths are marked out, forming squares: parallel lines are drawn
across these squares north and south. Here the nopals are planted at
two feet distance from each other, being clean cuttings from the old
plant, and not torn or broken from it. The Indians of Guaxaca plant
two or three cuttings in each hole, lest any accident should prevent
one from striking. Eighteen months afterwards the plants will be in a
state to nourish the cochineal.
The sowing of cochineal, as it is called, is performed at day-break,
the insects being conveyed from the old plants and attached to the
new. For this purpose they are placed in little nests made by the
natives, and attached with thorns to the leaves of the nopal. Here
they quickly multiply to an astonishing extent. A nopalerie is in
perfection six years, after which the insects are taken away and the
plants cut down.
The cochineal harvest takes place every year as soon as the young
insects begin to run about. Assembling his friends, old and young,
the owner of the cochineal ground enters it at break of day with a
crowd of men, women, and children, provided with knives six inches
long and two wide, and also with dishes and with baskets. The blade
of the knife is rounded at the top, so as to injure neither the insect
nor the plant; this is passed gently between the skin of the nopal and
the clusters of cochineals with which it is covered, causing the latter
to fall into the dish or basket, which the left hand holds ready to
receive them. A child of ten years old may thus gather ten pounds of
insects in a day, which being killed and dried will yield about three
pounds and a half of cochineal. The best method of killing the insects
is by pouring boiling water on them, and allowing it to remain one,
two, or three minutes. The water is preserved, as it necessarily has
some of the colouring matter of the insects; the latter are spread out
to dry in the sun and wind, being turned occasionally by hand. Ten
persons, it is said, can thus prepare two hundred pounds of cochineal
in two days. Such is the history given by de Menonville himself, in his
volumes entitled ‘Voyage à Guaxaca.’ Baron Humboldt, describing
the management of cochineals in this and in other parts of South
America, gives some additional particulars. He ascertained that in a
colder climate, the colour of the cochineal is equally fine, but the
harvests are more uncertain. Plains or valleys are generally more
favourable to the rapid increase of the cochineals than elevated
ground, but such places also abound in insect enemies, and in
lizards, rats, and birds, which devour the crop. Great care is required
in clearing all the joints of the nopals: for this purpose Indian women
use a squirrel’s or a stag’s tail, and will sit for hours crouched near a
single plant. Notwithstanding the high price of cochineal, it is very
doubtful whether the trade would answer in any country where
labour is more valuable. In some parts of Guaxaca (called by
Humboldt Oaxaca), they obtain three harvests of cochineal in the
year, the first being the least lucrative, because the bodies of the
insects yield very little colouring matter when they die naturally, and
this is the case at the first harvest, when they have just brought forth
their young. Many of the negro proprietors of nopaleries, especially
those in the neighbourhood of Oaxaca, have a very ancient and
singular custom of making their cochineals emigrate during the rainy
season. As the Spaniard causes his flocks of merinos to emigrate on
the approach of cold, so do these negroes send away their crop
during a season which might prove fatal to them. The insects are
packed in hampers, and carried as quickly as possible, on the backs
of negroes, to a place nine leagues distant from the town, not so
heavily visited with rain. Here they distribute them on the nopals,
and keep them there till the month of October, when they return with
their freight, and replace it in the nopaleries of Oaxaca.
The plantations of cochineal cultivated by M. Thierry, at St.
Domingo, were so successful that in 1789 there were more than four
thousand plants in a single nopalerie, and the produce was
ascertained by chemists to be quite equal to that of Mexico; but at
the time of the French Revolution, the political troubles of St.
Domingo caused the destruction of the plantations. Cochineal has
been cultivated with some success in several of the British West India
islands. Thus the Rev. L. Guilding, writing a few years ago to Dr.
Hooker, says, “I possess a considerable nursery of this cactus,
inhabited by thousands of the true Coccus cacti, and I do not despair
of being able to send to the Society of Arts a large quantity of dried
insects before the termination of the present year.”
So important was the acquisition of this insect to the East India
Company, that they offered a reward of six thousand pounds to any
one who should introduce it into India, where hitherto the Company
had only succeeded in procuring from Brazil the wild kind producing
the sylvestre cochineal, which is of inferior value. The true cochineal
insect, and the cactus on which it feeds, are said to have been of late
years successfully introduced into Spain and the French colony of
Algiers, and now exist in the stores of the Jardin des Plantes at Paris,
and also in those of King Leopold at Claremont.
Stephens, in his Travels in Central America, does not omit to
notice the cultivation of this insect, which was carried on extensively
in the neighbourhood of the ruined city of La Antigua Guatimala.
“Emerging from the city,” he says, “we entered the open plain, shut
in by mountains, and cultivated to their base with cochineal. At
about a mile’s distance we turned into the hacienda of Señor
Vidaury. In the yard were four oxen grinding sugar-cane, and behind
was his nopal or cochineal plantation, one of the largest in the
Antigua. The plant is a species of cactus, set out in rows like Indian
corn, and, at the time I speak of, it was about four feet high. On every
leaf was pinned with a thorn a piece of cane, in the hollow of which
were thirty or forty insects. These insects cannot move, but breed,
and the young crawl out and fasten upon the leaf. When they have
once fixed, they never move; a light film gathers over them, and as
they feed, the leaves become mildewed and white. At the end of the
dry season some of the leaves are cut off and hung up in a storehouse
for seed, the insects are brushed off from the rest and dried, and are
then sent to minister to the luxuries and elegancies of civilized life,
and enliven with their bright colours the salons of London, Paris,
and St. Louis in Missouri. The crop is valuable, but uncertain, as an
early rain may destroy it, and sometimes all the workmen are taken
away for soldiers at the moment when they are most needed for its
culture. The situation was ravishingly beautiful, at the base and
under the shade of the Volcano de Agua, and the view was bounded
on all sides by mountains of perpetual green; the morning air was
soft and balmy, but pure and refreshing. With good government and
good laws, and one’s friends around, I never saw a more beautiful
spot on which man could desire to pass his allotted time on earth.”
1. BRANCH COVERED WITH LAC. 2. SMALL
TWIG LADEN WITH LAC. 3. PORTION OF LAC
(magnified). 4, 5, 6. LAC INSECT IN ITS
SEVERAL FORMS.
CHAPTER VII.
MANUFACTURE OF GUM LAC BY THE LAC
INSECT.

Another insect of the same family as the cochineal, prepares a

substance called gum lac, which is used as a dye, and also as a
varnish. This is the lac insect, (coccus lacca,) found on several kinds
of trees in the East Indies, especially in the uncultivated mountains
on both sides the Ganges, where it is produced in such abundance,
that were the consumption ten times greater than it is, the markets
might be readily supplied. So great is the accumulation of these
insects on the trees which they frequent, that the branches appear as
if covered with red dust, and their sap is so much exhausted, that
they wither and produce no fruit: the leaves also drop off, or turn to a
blackish hue. The insects fix themselves so close together, that it is
supposed that not more than one in six can have room to complete
her cell. It is said they are transplanted from place to place by birds,
which cannot perch upon the branches without carrying off a
number to the next place they rest upon.
The female, when about to lay her eggs, becomes completely glued
to the branch by a semi-pellucid liquid, which accumulates round the
body, and hardens by exposure to the air. This is the gum lac, the
original use of which is to form a cell for the young. When the eggs
are laid, the parent insect becomes a mere lifeless bag of an oval
shape, containing a small quantity of beautiful red liquid. On this
liquid the young insects feed as soon as they come to life; after which
they pierce the cell, and come forth one by one. Some small branches
of mimosa cinerea, gathered when the lac was in a very fresh looking
state, became covered with myriads of exceedingly minute animals at
the end of fourteen days. They issued from small holes over the
surface of the cells, and when single ran about pretty briskly; but in
general they were so numerous as to be crowded over one another.
The cells themselves were very much like amber; the outer portion
was strong and resisting, but the partitions of the interior were
thinner, and formed irregular squares, pentagons, and hexagons,
having no communication with each other.
There are four sorts of lac known in commerce, but these are only
so many different preparations of the same substance. Stick lac is the
lac in its natural state, with much of the woody parts of the branches
adhering to it: this is collected in the East twice a year, the only
trouble being to break off the twigs and branches, and take them to
the nearest market, with the lac upon them; or, if destined for
exportation, the lac is separated from the larger branches for
convenience of freight.
Seed lac is the second description known in commerce. This is a
collection of granules, obtained from the former after the colouring
matter has been extracted by water, but this is seldom imported,
being manufactured into shell lac in India. Lump lac is the third
form, being merely the granules further purified and made into
lumps. Lastly, there is shell lac, in which the substance is purified to
the utmost by being put in bags and held over a fire until sufficiently
melted to pass through the pores of the linen. The bags are then
pressed and squeezed at the same time that they are passed over a
smooth surface of wood, thus depositing the lac in thin layers. The
fineness and purity of the lac will of course depend on the fineness of
the bag through which it is passed. Shell lac if pure will take fire
when laid on a hot iron, and will burn with a strong but not
disagreeable smell. The heat of the ship’s hold is very apt to run this
commodity into a solid mass, in which case its value is much
depreciated.
The different kinds of lac are largely used by Indians for
ornamental purposes. Of the lump lac they make bangles, or armlets
for women of the lower class; shell lac being employed for the same
kind of ornaments for the upper classes, and also for beads, chains,
necklaces, and other adornments. They also make a good varnish by
melting the lac, colouring it with cinnabar or some other pigment,
and making it into sticks like our sealing wax. The box, cabinet, or
other article about to be varnished, is made hot by a charcoal fire,
and then rubbed over with a stick of lac, the surface being afterwards
smoothed with a piece of folded plantain leaf to make it equal. A
similar varnish is often used on images and ornamental figures. The
religious houses of the Indians are often adorned with very thin
beaten lead, coloured with various varnishes made from lac. The leaf
of lead is laid upon a smooth heated iron while the varnish is being
applied.
Lac is also extensively used as a dye. By pouring warm water on
stick lac, a crimson solution is obtained, which is the source of much
of the value attached to lac. This colouring matter is extracted in
various ways, and made into small square cakes for sale; these go by
the names of lac dye, lac lake, or cake lake. When broken, the cakes
are dark coloured, shining, smooth and compact, and when scraped
or powdered they present a bright red colour approaching carmine.
The native mode of dyeing with this substance is described as
follows. They take one gallon of the red liquid, and add to it three
ounces of alum. Three or four ounces of tamarinds are boiled in a
gallon of water and strained. Equal parts of the red liquid and of the
tamarind water are then mixed over a brisk fire; and the pieces of
silk or cotton cloth to be dyed are dipped and wrung alternately, until
they have received a proper proportion of the dye. To deepen the
colour they increase the proportion of the red liquid, and lengthen
the time during which the cloth remains immersed in it. The colour
is rendered permanent by the use of bark in the rinsing water.
There is yet another and a singular employment of lac among the
Indians. The polishing grindstones used by eastern lapidaries are
composed of a mixture of three parts river sand with one part lac:
these are mixed in a vessel over the fire, and then formed into the
shape of a grindstone; the part of the lac being merely that of a
cement to hold the sand together.
In this country lac is valuable partly as a dye, partly as a varnish.
As a dye it is less beautiful, but more durable than cochineal. It forms
the best kinds of sealing wax, and is also used in the hat
manufacture.
With regard to its use as a dyeing drug we find the following
remarks in the Entomology of Kirby and Spence. “It has been
employed to impart a blood red or crimson dye to cloth from the
earliest ages, and was known to the Phœnicians before the time of
Moses, under the name of Tola or Thola, to the Greeks under that of
Coccus, and to the Arabians and Persians under that of Kermes or
Alkermes; whence, as Beckmann has shown, and from the epithet
vermiculatum given to it in the middle ages, when it was ascertained
to be the produce of a worm, have sprung up the Latin coccineus, the
French cramoisi and vermeil, and our crimson and vermilion. It was
most probably with this substance that the curtains of the tabernacle
(Exodus xxvi.) were dyed deep red, (which the word scarlet, as our
translators have rendered it, then implied, not the colour now so
called, which was not known in James the First’s reign, when the
Bible was translated;)—it was with this that the Grecians and
Romans produced their crimson; and from the same source were
derived the imperishable reds of the Brussels and Flemish schools. In
short, previous to the discovery of cochineal, this was the material
universally used for dyeing the most brilliant red then known; and
though that production of the New World has, in some respects
undeservedly, supplanted it in Europe, where it is little attended to
except by the peasantry of the provinces in which it is found, it still
continues to be employed in great part of India and Persia.
Some other insects besides the cochineal and lac insects are found
to produce dyes. The galls of a peculiar species of aphis are used in
the Levant, Persia and China, for dyeing silk crimson, and it is
thought that the galls of another species of this insect, common on
the fir trees of this country, might be employed for a similar purpose.
A species of mite is employed in Guinea and Surinam as a dye, and it
is suggested that the beautiful little dazzling red mite which is
common here, might also yield a valuable tincture. Réaumur has
even suggested that water colours of beautiful tints not otherwise
easily attainable, might be procured by feeding the common clothes-
moth on different coloured wools. The excrement of this insect
always retains the colour of the substance forming the food, and
mixes well with water to form a pigment.
NUT GALLS AND THE GALL INSECT.

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Instant Ebooks Textbook The EU Directive On Adequate Minimum Wages 1st Edition Luca Ratti Download All Chapters

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1. Introduction: Regulating Minimum Wages as a Fundamental Challenge

Petra Herzfeld Olsson is Professor of Labour Law at Stockholm University.

ACT Authority for Working Conditions (Portugal)

ECSR European Committee of Social Rights

NEG New Economic Governance

Cour constitutionnelle, 13 October 2016, nr. 130/2016���������������������������������������������������������375

Croatia and Slovenia

Decision of the Constitutional Court, 22/19 – ZPosS, 81/19, 203/20 – ZIUPOPDVE,

Cyprus and Greece

Supreme Civil Court (Areios Pagos) no 954/1998 (1998) Deltio Ergatikis

Appeal Court of Dodecanese no 194/2018 (not published)��������������������������������������������������400

Supreme Court Decision: EBH 2011/2343������������������������������������������������������������������������������459

Juzgado de lo Social de Madrid GLOVOAPP23 SL (2019) 134/19���������������������������������������158

Ryanair v Labour Court [2007] IESC 6������������������������������������������������������������������������������ 479–80

Wyrok SN z dnia 10 lutego 2011 r., II PK 194/10, LEX nr 811846���������������������������������������510

Danish Labour Court, judgment of 12 December 2007, AR 2007.831��������������������������������518

Case C-188/89 Foster et al v British Gas ECLI:EU:C:1990:313 [1990]

Case C-309/99 Wouters, Savelbergh and Price Waterhouse Belastingadviseurs BV v

Case C-346/06 Dirk Rüffert v Land Niedersachsen ECLI:EU:C:2008:189

Case C-462/11 Victor Cozman ECLI:EU:C:2011:831 [2011] ECR I-00197���������������������������37

Case C-47/14 Holterman Ferho Exploitatie BV et al v F. L. F. Spies von Büllesheim

Case C-703/17 Krah v Universität Wien ECLI:EU:C:2019:850 [2019]�����������������������������������41

Opinion of Advocate General Maduro, Case C-307/05 Yolanda Del Cerro

Directive (EU) 2023/970 of the European Parliament and of the Council of

Directive (EU) 2019/1158 of the European Parliament and of the Council

Regulation (EU) No 1309/2013 of the European Parliament and of the Council

Council Directive 1999/70/EC of 28 June 1999 concerning the framework

International Labour Organization (ILO) Maritime Labour Convention,

International Labour Organization (ILO) Minimum Wage Fixing Recommendation,

Act on Freedom of Association 2006 (Denmark)������������������������������������������������������������ 529–30

LUCA RATTI, ELISABETH BRAMESHUBER AND

minimum wages in the European Union’ (COM/2020/682 final) https://eur-lex.europa.eu/legal-content/EN/TXT/

wages in the European Union’ (November 2021) https://www.europarl.europa.eu/doceo/document/A-9-2021-

adequate minimum wages’ (March 2021) https://data.consilium.europa.eu/doc/document/ST-6817-2021-INIT/

minimum wages in the European Union, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:320

on adequate minimum wages’ (October 2021) https://www.europarl.europa.eu/doceo/document/JURI-AL-

II. Structure of the Book

A. Part I: Cross-cutting Themes

B. Part II: Commentary

C. Part III: Impact in the Member States

III. An Overall Approach to Adequate Minimum Wages

1 ‘State of the Union 2020’ (European Commission) https://ec.europa.eu/info/strategy/strategic-planning/

wages in the European Union’ COM (2020) 682 final.

II. The Functions of the Wage

B. Wages and Social Reproduction

C. Minimum Wages as a Response to the Tension between Markets

CELLS OF THE HUMBLE BEE.

ANOTHER INTERIOR OF A BEE-HIVE.

The cochineal insect is extremely valuable in commerce, as

After innumerable difficulties and dangers this traveller reached

Another insect of the same family as the cochineal, prepares a

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