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SCIENTIFIC RESULTS NO JUSTIFICATION FOR EU SUNDAY LEGISLATION

SCIENTIFIC RESULTS NO JUSTIFICATION FOR EU SUNDAY LEGISLATION

Socio-Scientific studies and their results have in recent years, in part, continued to be used to justify in the European Union work-free Sunday Legislation.

Researchers have in their findings underscored the fact that Sunday (first day of the week) is the most important day of rest for the health and safety of workers in their workplace. 

I would like note to be taken that the EU leading case seeks to argue that "Article 118a (now Article 153 TFEU) does not require scientific proof to be produced for every measure adopted on the basis of that provision"  [Case 84/94 (1997), Industrial Relations Law Reports, p.32, para. 3000].

Furthermore, the EC Jurisprudence states that "Legislative action by The Community, particularly in the field of social policy, cannot be limited exclusively to circumstances where the justification for such action is scientifically demonstrated". [European Court Reports (1996) 1-5806, para. 39].  It is important also to take note that the court relied for its legal reasoning on the opinion of Advocate – General Léger [see paras. 165-167, ECR  1-5791].

The Socio-Scientific evidence was provided in this leading case by both the United Kingdom Government and the Council of the European Union.  However, the European Court of Justice in the final analysis upheld the rest of the provisions in the Working Time Council Directive 93/104/EC but annulled the weekly Sunday Rest Day Clause in Article 5, second paragraph, that stipulated... the minimum rest period shall in principle include Sunday".  [Case 84/94 (1996) UK v Council of the European Union, para. 37, ECR  1-5806].

So far, it is my observation and view that recent Socio-Scientific research has not come up with anything different from previous arguments or submissions used in the case for European Union Weekly Sunday Rest Day Legislation.

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Brighton Kavaloh

Brighton G. Kavaloh is a retired Seventh-day Adventist ordained Minister of Religion. He is the Founder and Director of Advent Religio-Legal Perspective.

1 comment

posted by Delma Aurdett
Sunday, 04 November 2012 22:39

There is no biblical evidence to support the changing of Gods' rest day, the 'Seventh Day Sabbath' to sunday the first of the week. Man has moved so far away from God and His law, and in place of it has instituted his own laws, which is so contrary to Gods' Law. Arguments to support this legislation, becomes arguments against Gods' law. If there is a choice between God and this legislation, there is no contest. Gods' law remain supreme.

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