O conceito uniforme de tempo de trabalho na União Europeia

: qual o papel da contratação coletiva?

Abstract

The concept of working time adopted by the Portuguese legislator results from the transposition of the provisions set out in Directive 2003/88/EC of the European Parliament and of the Council of 4 November. However, given the interpretation followed by the Court of Justice of the European Union over the past decades, the scope of this concept has evolved, raising the question of whether Article 197 of the Labour Code remains in compliance with European Union law. Thus, this study aims to analyze the historical evolution of the Court of Justice's case law on this matter, identifying the challenges arising from the adoption of a binary conception of working time, particularly its compatibility with another international treaty ratified by the Portuguese State: the Revised European Social Charter. Furthermore, new issues emerging from the interaction between the Court of Justice's most recent case law and the Portuguese legal system will be explored: can collective bargaining instruments establish less restrictive concepts of working time? Ultimately, what degree of discretion does the Portuguese State have in defining this concept?

Date of Award	25 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Catarina de Oliveira Carvalho (Supervisor)