EEI

The Right to Training in European Union Law: A legal study on the constitutional limits of EU action under Article 166(4) TFEU

training room right to training

Published: 14 September 2026

Author: Duarte Abrunhosa e Sousa, Professor of Labour Law at Universidade Portucalense and Researcher at the Centre for Interdisciplinary Research on Justice, University of Porto

This legal study examines the limits of EU action in the field of vocational training and the legal implications of introducing a binding training obligation for employers at EU-level.

The study “The Right to Training in European Union Law: A legal study on the constitutional limits of EU action under Article 166(4) TFEU” addresses a question gaining importance in the EU debate on skills, reskilling and the just transition.

Its central conclusion is clear. The study concludes that the current EU Treaty framework does not provide a legal basis for introducing a general binding training obligation for employers. Article 166(4) TFEU allows the EU to support vocational training initiatives, while expressly excluding the harmonisation of Member State laws in this area.

The study tests this conclusion against Treaty provisions, the case law of the European Union Court of Justice, the existing EU acquis and a comparative assessment of national training regimes. It also examines Article 153 TFEU, Article 14 of the Charter of Fundamental Rights and Article 352 TFEU as possible alternative legal bases.

The comparative analysis highlights the diversity of national approaches, with Member States using different combinations of employer-provided training, collective bargaining, individual learning accounts (ILAs), training leave, co-financing and other statutory or sectoral arrangements to support skills development and participation.

The study argues that this diversity has constitutional significance. EU action remains available through recommendations, funding, coordination, benchmarking and social-partner agreements. The Treaty framework supports European action on skills while preserving national competence for the content and organisation of vocational training.