Claire Kilpatrick, British Jobs for British Workers? UK Industrial Action and Free Movement of Services in EU Law, LSE Legal Studies Working Paper No. 16/2009.

Claire Kilpatrick, British Jobs for British Workers? UK Industrial Action and Free Movement of Services in EU Law, LSE Legal Studies Working Paper No. 16/2009. | Iul 07th 2009

Claire Kilpatrick, British Jobs for British Workers? UK Industrial Action and Free Movement of Services in EU Law, (June, 23 2009). LSE Legal Studies Working Paper No. 16/2009. Available at SSRN.

Abstract:

The European Court of Justice’s new approach to posting of workers is explored in light of recent UK industrial action. Four doctrinal positions are identified and probed: the host-state standards posted workers can enjoy, the role of collective standards and action to set and enforce host-state standards for posted workers, the liability of unions and employers under Article 49 EC, and demarcation of the boundaries between free movement of services and other Treaty personal freedoms. While the inspiration informing the new approach, adapting to enlargement and encouraging cross-border trade, is appropriate, the UK disputes help powerfully to illustrate how the doctrinal positions thus inspired create, especially in certain combinations, outcomes which are doctrinally dubious, socially and politically undesirable, and potentially highly socially inflammable.

Posted in CJCE, Drept si economie, Drept si politica, Jurisprudenta, Libertate de asociere-profesii libere, drept comparat, drept social european (modelul social european), egalitate de tratament/nediscriminare, libera circulatie a persoanelor in UE, libertate stabilire & libera circulatie servicii

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