EC starts legal proceedings against Ireland and Greece for non-compliance with EWTD

The European Commission has taken unprecedented action against the Republic of Ireland and Greece in response to their non-compliance with the working time limits set out in the European Working Time Directive (EWTD).

Both countries were warned more than two years ago about their infringement of the directive with respect to doctors in public health services but have not improved compliance. The commission has consequently issued an ultimatum giving the countries two months to bring their legislation into line with European Union law or face litigation in the European Court of Justice and fines worth millions of euro.

The commission’s review last year of implementation of the directive found that although Ireland has put in place laws to limit the hours worked by doctors, in practice public hospitals often don’t apply the rules to doctors in training or other non-consultant hospital doctors. The commission cites cases where junior doctors are regularly obliged to work continuous 36 hour shifts; to work more than 100 hours in a single week and 70-75 hours a week on average; and to continue working without adequate breaks for rest or sleep.

Greece seems not to have enacted any legal maximum limit on the number of hours that doctors are able to work continuously, the commission said. Doctors working in public hospitals and health centres, for example, often have to work a minimum average of 64 hours a week and more than 90 hours a week in some cases.

The commission has said that the situation in Ireland and in Greece comprises a “serious infringement” of the directive. “Excessive working hours, combined with lack of minimum rest, create well established risks for workers’ health and safety,” it said in a statement. “Overtired doctors also risk making mistakes which can have serious consequences for their patients.”

The commission first contacted Ireland and Greece to warn them of their infringement with a letter of formal notice in November 2009 and October 2008, respectively. Neither country has sufficiently improved their compliance with the directive, forcing the commission to set out an ultimatum in the form of a “reasoned opinion” under EU infringement procedures. Should either country not take sufficient steps to bring its legislation into line with EU law within two months, the commission may decide to refer Ireland and Greece to the European Court of Justice.