The essay attempts to describe the “Laval saga” with regards its constitutional implications both in domestic law and in European integration: it focuses on the problems deriving from the specific characteristics of labor law while implementing EU law and it also describes the risks of the “prescriptive meaning” of some classifications of rights. Through examining the Laval case and its aftermath, including the decision of the European Committee of Social Rights, the paper aims at providing an overview of the different views the relationship between economic and freedoms and social rights may be subject to depending also on the relevant legal system. After having examined the possible clashes in this regard, the article questions which is the rank of social rights in the scenario of European integration.
Reconciling social rights and economic freedoms in Europe. A constitutional analysis of the Laval saga
Bassini, Marco;FERRARI, FABIO
2014-01-01
Abstract
The essay attempts to describe the “Laval saga” with regards its constitutional implications both in domestic law and in European integration: it focuses on the problems deriving from the specific characteristics of labor law while implementing EU law and it also describes the risks of the “prescriptive meaning” of some classifications of rights. Through examining the Laval case and its aftermath, including the decision of the European Committee of Social Rights, the paper aims at providing an overview of the different views the relationship between economic and freedoms and social rights may be subject to depending also on the relevant legal system. After having examined the possible clashes in this regard, the article questions which is the rank of social rights in the scenario of European integration.
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