Parental Leave (Directive)
In line with the roadmap for equality between women and men (2006-2010) [COM(2006) 92] the Commission has obliged itself to assess all rules on gender equality and the reconciliation of family life and work. Since the provisions on parental leave are based on a Framework Agreement, the Commission asked the social partners to revise it. The revised version of it is to be given legal effect now.
The Framework Agreement is not taking into account that Member States pursue different concepts for the reconciliation of family and work policies, each of them forming an essential part of national social policy. To intervene into those national concepts constitutes an infringement of the principle of subsidiarity and the principle of proportionality.
Following the case law of the German Federal Constitutional Court regarding the Lisbon Treaty, the German representative in the Council may approve the Directive only subject to a prior approval by the German Bundestag.