The revision of the Posting of Workers Directive and the freedom to provide services in EU: towards a dead end?
The development of the internal market, based on the principle of freedom to provide services, as stated in article 56 TFEU, rendered common the posting of workers to another EU Member State. The risk of leading to social dumping in the host Member State, resulting from the less favourable working c...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2018-12-01
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| Series: | Juridical Tribune |
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| Online Access: | http://www.tribunajuridica.eu/arhiva/An8v3/11.%20Sonia%20Carvalho.pdf |
| _version_ | 1827290906578911232 |
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| author | Sónia de Carvalho |
| author_facet | Sónia de Carvalho |
| author_sort | Sónia de Carvalho |
| collection | DOAJ |
| description | The development of the internal market, based on the principle of freedom to provide services, as stated in article 56 TFEU, rendered common the posting of workers to another EU Member State. The risk of leading to social dumping in the host Member State, resulting from the less favourable working conditions of the sending Member State, justified Directive 96/71/EC. Collective bargaining, which has always taken on a prominent place in the posting of workers framework provided for in Directive 96/71/EC, is clearly reinforced by Directive (EU) 2018/957 that amended Directive 96/71/EC. The caselaw of the CJEU, however, has revealed that in some cases the enforcement of the host Member State working conditions, in view of the lack of harmonization of labour law in the Member States in relation to minimum protection mandatory rules, can paradoxically constitute a restriction on the freedom to provide services. The analysis of the amendments
introduced by the Directive (EU) 2018/957 will demonstrate that, despite creating a favourable legislative framework for fair competitive conditions between national undertakings and the undertakings that post workers, may compromise the delicate balance between the protection of workers and the freedom to provide services. |
| first_indexed | 2024-04-24T12:26:48Z |
| format | Article |
| id | doaj.art-d6dc3b692d714aed9948e87965e9ce8c |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:26:48Z |
| publishDate | 2018-12-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-d6dc3b692d714aed9948e87965e9ce8c2024-04-08T07:43:03ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822018-12-0183719733The revision of the Posting of Workers Directive and the freedom to provide services in EU: towards a dead end?Sónia de Carvalho0Department of Law, Portucalense Infante D. Henrique University; Researcher at IJP - Portucalense Institute for Legal Research, Porto, PortugalThe development of the internal market, based on the principle of freedom to provide services, as stated in article 56 TFEU, rendered common the posting of workers to another EU Member State. The risk of leading to social dumping in the host Member State, resulting from the less favourable working conditions of the sending Member State, justified Directive 96/71/EC. Collective bargaining, which has always taken on a prominent place in the posting of workers framework provided for in Directive 96/71/EC, is clearly reinforced by Directive (EU) 2018/957 that amended Directive 96/71/EC. The caselaw of the CJEU, however, has revealed that in some cases the enforcement of the host Member State working conditions, in view of the lack of harmonization of labour law in the Member States in relation to minimum protection mandatory rules, can paradoxically constitute a restriction on the freedom to provide services. The analysis of the amendments introduced by the Directive (EU) 2018/957 will demonstrate that, despite creating a favourable legislative framework for fair competitive conditions between national undertakings and the undertakings that post workers, may compromise the delicate balance between the protection of workers and the freedom to provide services.http://www.tribunajuridica.eu/arhiva/An8v3/11.%20Sonia%20Carvalho.pdfDirective (EU) 2018/957posting of workersfreedom to provide servicesEuropean Union |
| spellingShingle | Sónia de Carvalho The revision of the Posting of Workers Directive and the freedom to provide services in EU: towards a dead end? Juridical Tribune Directive (EU) 2018/957 posting of workers freedom to provide services European Union |
| title | The revision of the Posting of Workers Directive and the freedom to provide services in EU: towards a dead end? |
| title_full | The revision of the Posting of Workers Directive and the freedom to provide services in EU: towards a dead end? |
| title_fullStr | The revision of the Posting of Workers Directive and the freedom to provide services in EU: towards a dead end? |
| title_full_unstemmed | The revision of the Posting of Workers Directive and the freedom to provide services in EU: towards a dead end? |
| title_short | The revision of the Posting of Workers Directive and the freedom to provide services in EU: towards a dead end? |
| title_sort | revision of the posting of workers directive and the freedom to provide services in eu towards a dead end |
| topic | Directive (EU) 2018/957 posting of workers freedom to provide services European Union |
| url | http://www.tribunajuridica.eu/arhiva/An8v3/11.%20Sonia%20Carvalho.pdf |
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