Commentary

(1) The origins and making of the Directive

Division CI Working Time
| Commentary

(1) The origins and making of the Directive

| Commentary

B.     The Working Time Directive

(1)     The origins and making of the Directive

The genesis of the Working Time Directive (Council Directive 93/104/EC concerning certain aspects of the organisation of working time) ('WTD') is of significance for the approach taken by the ECJ to its interpretation and in turn the approach which the courts must take to the interpretation of its domestic enactment as presently provided for by the European Union (Withdrawal) Act 2018 as amended by the European Union (Withdrawal Agreement) Act 2020. The ECJ has emphasised that the purpose of the Directive is to improve the health and safety of workers:

''by ensuring that they are entitled to minimum rest periods – particularly daily and weekly – and adequate breaks and by providing for a ceiling of 48 hours on the average duration of the working

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