EU Lacked Legal Basis for Mandatory Training Right
A new study indicates that European Union treaties do not permit a general binding right to vocational training.
Updated on Sept. 22, 2026 in Employment
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The European Employers' Institute released a study concluding that existing EU law lacks the constitutional foundation for a mandatory right to training. The report warns that current treaties specifically prohibit harmonizing national vocational education laws.
Why it matters
The findings suggest that efforts to implement a universal right to training during working hours across the 27 EU member states face significant legal hurdles. This clarification limits the scope for centralized employment mandates at the European level.
A 2024 analysis highlights high training engagement in Sweden, Denmark, Finland, and Estonia, where participation rates exceeded 56%. This contrasts with varying levels of integration across the 27 distinct labour markets within the European Union.
The players
European Employers' Institute
The European Employers' Institute is an organization founded in 2024 to strengthen social dialogue and ensure balanced representation on employment issues.
Duarte Abrunhosa e Sousa
Duarte Abrunhosa e Sousa is the legal expert and author who conducted the study assessing the constitutional limitations of EU training mandates.
The details
The report, authored by Duarte Abrunhosa e Sousa, asserts that articles 153 and 352 of the TFEU do not support a universal training mandate. It contrasts diverse national frameworks, including employer obligations and individual learning accounts, against the rigid constitutional limits on EU intervention.
Timeline
The European Employers' Institute was founded in March 2024.
Training participation rates were recorded in select nations throughout 2024.
The EEI study was published on September 22, 2026.
Macro View
This study aligns with historical patterns where EU member states have resisted the harmonization of social and labor policies to maintain national autonomy. It mirrors past legal debates over the balance of power between Brussels and national governments regarding worker rights.
The study indicates that workers should not expect a standardized European right to training in the near future. This maintains the status quo where training requirements and opportunities remain determined by individual national laws and collective bargaining agreements.
The takeaway
The analysis clarifies that constitutional constraints prevent the EU from imposing uniform training obligations on employers. Readers should look to national or sector-specific collective agreements rather than EU-wide policy for developments in workplace training rights.
Further reading
For more information on current labor policies, visit the Employment section.
Source note: This article includes information reported by Journaldespalaces.
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