Minimum Wages as an Obstacle to the Free Provision of Services
This article deals with the question of the extent to which the national regulation of minimum wages is influenced by the European Community's legal order. Firstly, it analyses the case law of the European Court of Justice with regard to Article 49 of the EC Treaty, which indicates that there i...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
University of Zagreb, Faculty of Law
2008-12-01
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| Series: | Croatian Yearbook of European Law and Policy |
| Subjects: | |
| Online Access: | https://www.cyelp.com/index.php/cyelp/article/view/75 |
| _version_ | 1818278687869501440 |
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| author | Melita Carević Paula Kiš Filip Kuhta |
| author_facet | Melita Carević Paula Kiš Filip Kuhta |
| author_sort | Melita Carević |
| collection | DOAJ |
| description | This article deals with the question of the extent to which the national regulation of minimum wages is influenced by the European Community's legal order. Firstly, it analyses the case law of the European Court of Justice with regard to Article 49 of the EC Treaty, which indicates that there is an increasing tendency to restrict the ability to extend a host state’s minimum wage to foreign service providers. It then examines the Posted Workers Directive in the light of the Laval and Rüffert cases, which are seen as unexpected interpretations of the Directive and which will have an influence on the social models of some Member States. Finally, the article focuses on Croatia as a Non-Member State and its obligations, which derive from the Stabilisation and Association Agreement, regarding the Posted Workers Directive. |
| first_indexed | 2024-12-12T23:21:24Z |
| format | Article |
| id | doaj.art-530424cb39ce485892bd4c284932bc9f |
| institution | Directory Open Access Journal |
| issn | 1845-5662 1848-9958 |
| language | English |
| last_indexed | 2024-12-12T23:21:24Z |
| publishDate | 2008-12-01 |
| publisher | University of Zagreb, Faculty of Law |
| record_format | Article |
| series | Croatian Yearbook of European Law and Policy |
| spelling | doaj.art-530424cb39ce485892bd4c284932bc9f2022-12-22T00:08:16ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582008-12-0147610110.3935/cyelp.04.2008.75Minimum Wages as an Obstacle to the Free Provision of ServicesMelita Carević0Paula Kiš1Filip Kuhta2University of ZagrebUniversity of ZagrebUniversity of ZagrebThis article deals with the question of the extent to which the national regulation of minimum wages is influenced by the European Community's legal order. Firstly, it analyses the case law of the European Court of Justice with regard to Article 49 of the EC Treaty, which indicates that there is an increasing tendency to restrict the ability to extend a host state’s minimum wage to foreign service providers. It then examines the Posted Workers Directive in the light of the Laval and Rüffert cases, which are seen as unexpected interpretations of the Directive and which will have an influence on the social models of some Member States. Finally, the article focuses on Croatia as a Non-Member State and its obligations, which derive from the Stabilisation and Association Agreement, regarding the Posted Workers Directive.https://www.cyelp.com/index.php/cyelp/article/view/75minimum wageeuropean court of justicearticle 49 of the ec treatyforeign service providersposted workers directivelaval and rüffert casescroatiastabilisation and association agreement |
| spellingShingle | Melita Carević Paula Kiš Filip Kuhta Minimum Wages as an Obstacle to the Free Provision of Services Croatian Yearbook of European Law and Policy minimum wage european court of justice article 49 of the ec treaty foreign service providers posted workers directive laval and rüffert cases croatia stabilisation and association agreement |
| title | Minimum Wages as an Obstacle to the Free Provision of Services |
| title_full | Minimum Wages as an Obstacle to the Free Provision of Services |
| title_fullStr | Minimum Wages as an Obstacle to the Free Provision of Services |
| title_full_unstemmed | Minimum Wages as an Obstacle to the Free Provision of Services |
| title_short | Minimum Wages as an Obstacle to the Free Provision of Services |
| title_sort | minimum wages as an obstacle to the free provision of services |
| topic | minimum wage european court of justice article 49 of the ec treaty foreign service providers posted workers directive laval and rüffert cases croatia stabilisation and association agreement |
| url | https://www.cyelp.com/index.php/cyelp/article/view/75 |
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