Brussels, 29 April 2026
Jobs and social rights
Letter of formal notice
Commission urges Portugal to remove discriminatory employment conditions in the public sector
The European Commission decided to open an infringement procedure by sending a letter of formal notice to
Portugal (INFR(2026)4001)
for failing to bring their national legislation fully in line with the Directive on fixed-term work (Council Directive 1999/70/EC), which prohibits discrimination against fixed-term workers.
Portuguese law excludes fixed-term employees in the public sector from improving their position in the salary scale contrary to permanent workers who perform the same work and go through the same evaluations. According to the Commission, this represents discrimination contrary to EU law. The Commission is therefore sending a letter of formal notice to Portugal, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.
Reasoned opinions
Commission urges Spain to remove discriminatory employment conditions in the public sector
Today, the European Commission decided to send a reasoned opinion to
Spain (INFR(2014)4224)
for failing to bring their national legislation fully in line with the Directive on fixed-term work (Council Directive 1999/70/EC), which prohibits discrimination against fixed-term workers.
Spanish law contains less favourable employment conditions for fixed-term employees working in the Spanish public sector compared to permanent employees. According to the Commission, this constitutes discrimination contrary to EU law, and it therefore opened this infringement proceeding in 2014. While Spain resolved and clarified some of the issues set out in the latest letter of formal notice sent by the Commission in July 2024, in other cases the explanations provided remain unsatisfactory. Therefore, the Commission has decided to issue a reasoned opinion to Spain, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Commission urges Spain to prevent abusive use of fixed-term work relationships and avoid discriminatory employment conditions in the public sector
Today, the European Commission decided to send a reasoned opinion to
Spain (INFR(2014)4334)
for failing to sufficiently protect public sector workers against the abusive use of successive fixed-term contracts. This is contrary to EU rules (Council Directive 1999/70/EC), which require that Member States introduce, in their national law, measures to prevent and, if required, penalise abuse through successive fixed-term employment contracts.
Spanish law does not include such measures for certain types of fixed-term work relationships in the public sector. Although Spain has changed its national rules after the opening of the infringement procedure in 2015 and the latest letter of formal notice sent by the Commission in October 2024, the explanations provided remain unsatisfactory. Therefore, the Commission has decided to issue a reasoned opinion to Spain, which now has two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.
Additional reasoned opinion
Commission asks Belgium to comply with EU rules on professional qualifications
The European Commission decided to send an additional reasoned opinion to
Belgium (INFR(2018)2162)
for not having properly incorporated the Professional Qualifications Directive (2005/36/EC) into national law.
The Directive facilitates professional mobility and recognition of qualifications across the borders. These EU rules play an essential part in addressing the shortage of skilled labour across the EU. According to the Commission, Belgium imposes excessive language requirements for teaching professionals seeking to work in the French Community, which severely limits the possibility of foreign teachers to work in Belgium. Belgium now has two months to respond to the arguments raised by the Commission. Otherwise, the Commission may refer Belgium to the Court of Justice of the European Union.
Source – EU Commission