Posted Workers in the EU: Lost Between Conflicting Interests and Single Market Objectives

Over the course of twenty years, the practice of the temporary posting of workers from one Member State to another where the said workers do not integrate into the host country’s labour market has become a widely discussed topic in the European Union that creates a split between its Member States. T...

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Bibliographic Details
Main Authors: Karla Žeravčić, Filip Bjelinski
Format: Article
Language:English
Published: University of Zagreb, Faculty of Law 2020-12-01
Series:Croatian Yearbook of European Law and Policy
Subjects:
Online Access:https://www.cyelp.com/index.php/cyelp/article/view/413
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author Karla Žeravčić
Filip Bjelinski
author_facet Karla Žeravčić
Filip Bjelinski
author_sort Karla Žeravčić
collection DOAJ
description Over the course of twenty years, the practice of the temporary posting of workers from one Member State to another where the said workers do not integrate into the host country’s labour market has become a widely discussed topic in the European Union that creates a split between its Member States. The paper considers the issue of posted workers within the EU, approaching it from the perspective of law, as well as politics. Through critical analysis of EU case law and legal documents, the authors identify an issue that goes well beyond the divide between ‘old’ and ‘new’ Member States, given that within each country there are different beliefs about the appropriate level of state (or EU) intervention in the market regarding the posting of workers. In order to prove this hypothesis, the authors use Croatia as a case study, where interviews were conducted with Croatia’s most prominent opposing poles regarding this issue. Finally, the authors give a final evaluation of the issue at hand and underline the timeless conflict between workers’ rights and business competitiveness.
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spelling doaj.art-0851b120825c4d9c9c22c0de78bcf52e2022-12-21T19:04:56ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582020-12-01169513210.3935/cyelp.16.2020.379Posted Workers in the EU: Lost Between Conflicting Interests and Single Market ObjectivesKarla Žeravčić0https://orcid.org/0000-0001-6484-6257Filip Bjelinski1https://orcid.org/0000-0002-8778-6565University of ZagrebUniversity of ZagrebOver the course of twenty years, the practice of the temporary posting of workers from one Member State to another where the said workers do not integrate into the host country’s labour market has become a widely discussed topic in the European Union that creates a split between its Member States. The paper considers the issue of posted workers within the EU, approaching it from the perspective of law, as well as politics. Through critical analysis of EU case law and legal documents, the authors identify an issue that goes well beyond the divide between ‘old’ and ‘new’ Member States, given that within each country there are different beliefs about the appropriate level of state (or EU) intervention in the market regarding the posting of workers. In order to prove this hypothesis, the authors use Croatia as a case study, where interviews were conducted with Croatia’s most prominent opposing poles regarding this issue. Finally, the authors give a final evaluation of the issue at hand and underline the timeless conflict between workers’ rights and business competitiveness.https://www.cyelp.com/index.php/cyelp/article/view/413posted workerseuropean unioneu single marketworkers’ rightsyellow card procedure
spellingShingle Karla Žeravčić
Filip Bjelinski
Posted Workers in the EU: Lost Between Conflicting Interests and Single Market Objectives
Croatian Yearbook of European Law and Policy
posted workers
european union
eu single market
workers’ rights
yellow card procedure
title Posted Workers in the EU: Lost Between Conflicting Interests and Single Market Objectives
title_full Posted Workers in the EU: Lost Between Conflicting Interests and Single Market Objectives
title_fullStr Posted Workers in the EU: Lost Between Conflicting Interests and Single Market Objectives
title_full_unstemmed Posted Workers in the EU: Lost Between Conflicting Interests and Single Market Objectives
title_short Posted Workers in the EU: Lost Between Conflicting Interests and Single Market Objectives
title_sort posted workers in the eu lost between conflicting interests and single market objectives
topic posted workers
european union
eu single market
workers’ rights
yellow card procedure
url https://www.cyelp.com/index.php/cyelp/article/view/413
work_keys_str_mv AT karlazeravcic postedworkersintheeulostbetweenconflictinginterestsandsinglemarketobjectives
AT filipbjelinski postedworkersintheeulostbetweenconflictinginterestsandsinglemarketobjectives