REGULATING THE RIGHT TO DISCONNECT AT THE EU LEVEL: CONSIDERATIONS ON THE FUTURE LEGISLATION SCOPE

Abstract

The following study concerns the actions taken by the European social partners and the EU institutions in recent years, aiming to regulate the right to disconnect at the EU level. This issue has been on the agenda for several years, yet the European Commission put the legislative process on hold, allowing space for the social partners to negotiate. However, due to the lack of agreement the issue has to be settled by the EU institutions’ court again. A complex analysis of the proposals already in place is necessary, as they will significantly impact the shape of future legislation and further European integration at the social level in times of digital revolution. The aim of this article is to identify key elements of future legislation and critically analyse the already existing proposals. To put the considerations in context, the author describes the circumstances of the adoption of the resolution and explores the nature of the right to disconnect. Consequently, the author concludes that there are key issues that need to be included in future legislation, such as the definition of the right to disconnect (R2D), personal scope, or mutual obligations. However, some interpretative doubts arise within these fields.

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