Salariul minim adecvat în Uniunea Europeană, condiție de muncă echitabilă sau intervenție directă asupra nivelului remunerației?
Adequate minimum wage in the European Union, fair working condition or direct intervention on the level of remuneration?

Summary/Abstract: In 2022, the European Parliament and the Council adopted Directive 2041 on adequate minimum wages in the European Union. This legislative act aimed to encourage Member States to take future action regarding the payment of wages/remuneration of workers. Without intending to impose obligations on Member States - by establishing a guaranteed minimum wage at EU level - the Directive's provisions sought to ensure fair working conditions by introducing a new concept: the concept of an "adequate minimum wage", intended to meet the needs of workers and their families for a decent standard of living, taking into account the economic and social conditions in each (national) state where the work is performed. In Romania, the transposition of this European act was carried out through Law No. 283/2024 on the amendment and completion of certain normative acts for the establishment of adequate minimum wages. Considering that the Kingdom of Denmark has brought an action before the CJEU (Case C-19/23), seeking the annulment of Directive 2022/2041 - primarily based on Article 153(5) of the Treaty on the Functioning of the European Union, which excludes from the EU's regulatory competence issues related to: pay, the right of association (in trade unions and employers' organizations), the right to strike, and the right to impose a lock-out - this paper aims to analyze the content of the Directive's provisions and, accordingly, the consistency between them and the provisions found in Romanian law, particularly those acts amended by Law No. 283/2024 (primarily the Labour Code). The conclusion drawn from the paper is that the European legislator has imposed more obligations of diligence rather than obligations of result on Member States regarding the adequacy of minimum wages. In Romania, the Directive has been only partially transposed, which may create difficulties in the application and interpretation of the legal provisions.

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