Three recent rulings of the ECJ on the cases of Viking, Laval and Ruffert dealing with the subjects of cross-border posting of workers and constraints put by economic freedom to the rights of collective bargaining and strike, though recognised as fundamental rights, present inherent dangerous aspects. These challenging issues are currently at the heart of the scrutiny of the EU institutions and, in particular, of the European Parliament. First of all, it is imperative to intervene on the interpretation of the posting directive, preventing the minimum standards to be regarded the maximum ones. Moreover, it is necessary to put forward a systematic coordination among the different relevant directives dealing with posting of workers, public procurements and liberalization of the services. The last one, recently adopted, upholds the principle of the application of the labour law of the State in which the work is carried out. The right of equal treatment stands, once more, as the fundamental principle.

Diritti sindacali e libertà economiche al Parlamento europeo. I nodi del coordinamento sistematico,

GOTTARDI, Donata Maria Assunta
2008-01-01

Abstract

Three recent rulings of the ECJ on the cases of Viking, Laval and Ruffert dealing with the subjects of cross-border posting of workers and constraints put by economic freedom to the rights of collective bargaining and strike, though recognised as fundamental rights, present inherent dangerous aspects. These challenging issues are currently at the heart of the scrutiny of the EU institutions and, in particular, of the European Parliament. First of all, it is imperative to intervene on the interpretation of the posting directive, preventing the minimum standards to be regarded the maximum ones. Moreover, it is necessary to put forward a systematic coordination among the different relevant directives dealing with posting of workers, public procurements and liberalization of the services. The last one, recently adopted, upholds the principle of the application of the labour law of the State in which the work is carried out. The right of equal treatment stands, once more, as the fundamental principle.
2008
Sindacato; Parlamento Europeo
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11562/327042
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact