ELI President and Vices
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Vienna, 17 October 2023
Dear Chief Justice of the Supreme Court dr iur Kõve
We have the great pleasure of extending a formal invitation to you to participate in the invitation-only European
Law Institute (ELI) High Level Forum on Guiding Principles on Implementing Workers’ Right to Disconnect, which
will take place online on 18 December 2023 from 13:30–15:00 CET.
The High Level Forum, which will be opened by Mr Stefan Olsson, Deputy Director-General of the European
Commission DG Employment, Social Affairs and Inclusion, will provide the opportunity to discuss the recently
published ELI Guiding Principles on Implementing Workers Right to Disconnect, available here. The ELI Guiding
Principles aim at supporting legislators and social partners at striking a balance between the conflicting rights
of employers and employees, at a time of increasing use of digital and technological tools. At the core of the
Principles is a desire to protect the physical and mental health of all workers, by guaranteeing resting time
and improving the predictability of working schedules.
The growing use of digital and technological tools over the last few decades has made it possible to work
anywhere and at anytime. The Covid-19 pandemic increased the pace of this development. Whereas the
digitalisation of work and the expansion of telework present potential advantages in terms of flexibility,
productivity and conciliation, these trends can also result in an intensification of work, long working hours,
the blurring of limits between work and rest time or increased stress arising from continuous surveillance
and monitoring of performance and productivity. These factors can, in turn, negatively affect the physical
and psychological health of employees. Respect for working and rest time is a key factor in preventing
burnout and in enabling unpaid caregivers, the majority of whom are women, to balance private and
professional responsibilities.
The Guiding Principles, which are aimed at all European legal systems, are purposely broad in scope. Insofar
as the problem of excessive connectivity extends throughout Europe, it seemed restrictive to limit the
analysis to the EU. Both national legislation and EU law and policy documents were important sources of
inspiration. The debates that took place during the drafting process highlight the particular concomitant
difficulties with a regulation on the Right to Disconnect in Europe. Particularly challenging is the level at which
the rules on disconnection should be applied, and the people they should target. Subsidiarity, the articulation
of sources and scope were, therefore, key aspects to consider.
The Guiding Principles are the result of collective reflection and discussions, which led to certain proposals
and choices. The overall aim is to reconcile the interests of all parties and, in particular, the imperatives of
The European Law Institute AISBL/IVZW | Reg No 0837 276 779
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protection and flexibility, while guaranteeing a broad application of the Right to Disconnect to all those in
need of it.
We would be greatly honoured if you were to accept our invitation for the Supreme Court of Estonia to
participate in the above event. Please feel free to nominate a representative to attend should you not be
available. We look forward to hearing from you within a week.
The ELI Secretariat team will be in touch, should you be available, with more detailed arrangements.
Yours sincerely
Prof Dr Pascal Pichonnaz Anne Birgitte Gammeljord Sir Geoffrey Vos
ELI President ELI First Vice President ELI Second Vice President
The European Law Institute AISBL/IVZW | Reg No 0837 276 779
Rue Ducale 1 Hertogstraat – KVAB
Bruxelles 1000 Brussel – BELGIUM
Saatja: Kadri Nõmm </O=RIIGIKOHUS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=USER04B22299>
Saaja: Kadri Nõmm
Teema: FW: Invitation to the ELI High Level Forum on Guiding Principles on Implementing Workers’ Right to Disconnect, 18 December 2023 from 13:30–15:00 CET
From: ELI Secretariat <
[email protected] <mailto:
[email protected]> >
Sent: Tuesday, October 17, 2023 1:50 PM
To: Maris Möls <
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[email protected]> >
Subject: Invitation to the ELI High Level Forum on Guiding Principles on Implementing Workers’ Right to Disconnect, 18 December 2023 from 13:30–15:00 CET
Dear Chief Justice of the Supreme Court dr iur Kõve,
Please find attached an invitation from the European Law Institute’s (ELI) President, Pascal Pichonnaz, and Vice-Presidents, Anne Birgitte Gammeljord and Sir Geoffrey Vos, to participate in the ELI’s High Level Forum on Guiding Principles on Implementing Workers’ Right to Disconnect or to nominate a representative of your organisation to attend. The High Level Forum will take place online on 18 December 2023 from 13:30–15:00 CET. In addition to Deputy Director-General of the European Commission’s DG Employment, Social Affairs and Inclusion, Stefan Olsson, who will open the event, representatives of Ministries of Justice and Supreme Courts in Europe as well as key labour organisations are expected to attend.
We hope that you will be able to accept the invitation and would be grateful if you could respond to it by 24 October 2023.
Should you have any questions, please do not hesitate to contact us.
Many thanks for your consideration.
With best wishes
Laura Papasodaro
Laura Papasodaro
Project Officer
European Law Institute
Schottenring 16/175
First Floor, Lifts 3 or 4
1010 Vienna, Austria
P: +43 1 4277 22117
F: +43 1 4277 922 1
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