FN v. Universiteit Antwerpen: The cold shoulder on the principles of effet utile and pro rata temporis
| Author | Ane Aranguiz |
| DOI | http://doi.org/10.1177/1023263X221130465 |
| Published date | 01 October 2022 |
| Date | 01 October 2022 |
| Subject Matter | Case Notes |
FN v. Universiteit Antwerpen: The
cold shoulder on the principles
of effet utile and pro rata temporis
Ane Aranguiz
1,2
Abstract
In May 2022, the CJEU delivered the judgment FN v. Universiteit Antwerpen, dealing with the inter-
pretation of the Framework Agreements on fixed-term and part-time work in higher education.
This contribution studies the Court’s position on the four referredquestions and provides a critical
analysis of its reasoning. It finds, first and foremost, that a poor legal phrasing by the referring court
and the lack of substance provided by the claimant weakened the position of the applicant and the
possibility of receiving better protection from the directives. Nevertheless, the analysils also finds
that the Court failed to see this case in light of important and well-established principles of EU law,
particularly regarding the principle of pro rata temporis and effectiveness of EU law. It shows that
this (lack of) interpretation by the Court undermines an already flawed protection of the directives
and fails to shield a growing group of atypical workers from increasingly precarious labour patterns.
Keywords
EU labour law, part-time, fixed-term, atypical work, social policy, higher education, effet utile,pro
rata temporis, CJEU
1. Introduction
On 5 May 2022, the CJEU delivered the judgment FN v. Universiteit Antwerp,
1
adding one more
case to the extensive case law of the Court interpreting the Framework Agreements on fixed-term
and part-time work.
2
The case, which might at first glance appear a dime in a dozen of cases on
1
Postdoctoral researcher, Tilburg Law School, The Netherlands
2
Visiting professor, University of Antwerp, Belgium
Corresponding author:
Ane Aranguiz, Department of Private, Business and Labour Law, Tilburg Law School, Tilburg University, Warandelaan 2,
Montesquieu Building, Room M209, 5037 AB, Tilburg, Netherlands.
E-mail: a.aranguiz@tilburguniversity.edu
1. C-265/20 Universiteit Antwerpen and Others, EU:C:2022:361.
2. Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by
ETUC, UNICE and CEEP [1999] OJ L 175; Council Directive 97/81/EC of 15 December 1997 concerning the
Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC –Annex : Framework agreement
on part-time work [1997] OJ L 14.
Case Note
Maastricht Journal of European and
Comparative Law
2022, Vol. 29(5) 615–628
© The Author(s) 2022
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sagepub.com/journals-permissions
DOI: 10.1177/1023263X221130465
maastrichtjournal.sagepub.com
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