Debate: Viking-Laval-Rà¼ffert:Economic freedoms versus fundamental social rights - where does the balance lie?
| 17/07/2008 
Document to download ►
This article is the subject of a debate. See responses below. ▼
image

How to balance the application of the European Union's free movement rules - in particular, the right to work and provide services in another member state - with the maintenance of different national social systems?

In particular, how will these freedoms affect trade union rights such as the right to collective action and collective bargaining?

These questions are the object of much debate, following three recent rulings adopted by the European Court of Justice.

The ETUI and Notre Europe have therefore decided to launch this forum, in which users will find information on the different cases and analysis offered by a variety of experts.

The cases:

The Debate:

Articles in academic literature and Social partner reactions on the judgements:

Your reactions

The forum can also be accessed via the following web link: http://www.etui.org/en/Headline-issues/Viking-Laval-Rueffert

 




Creative Commons License
This document is made available under a Creative Commons license.

Articles by Notre Europe :
    Send to a friend     Archives of this axis
Speakers’ corner
Debate Viking-LAval-Rà¼ffert: Rocking the boat - again — by Jon Kvist
In 2008 the turn has come to the regulation of the labour market. Again the principles of free competition and free movement are set up against a set of principles that are new for the Court, this time the right to undertake collective action and regulation of the labour market.
Speakers's Corner | 21/07/2008
Debate Viking-Laval,Rà¼ffert: Laval & co - law and politics in EU social policy — by Renaud Dehousse
The purpose of this note is not to discuss the accuracy of their view but rather to raise another question: Assuming that the court's rulings would indeed represent a danger for workers' rights, what are the remedies available?
Speakers's Corner | 21/07/2008
Debate Viking-LAval-Rà¼ffert: Europe won over to the "communist market economy" — by Alain Supiot
The European court of Justice holds an essential part of the legislative power in the European Union. In the image of the Ancien Régime sovereign courts or the Common Law HighCourts, it statutes for the future, by ruling erga omnes, like the law itself.
Speakers's Corner | 19/07/2008
Debate Viking-Laval-Rà¼ffert: Political answers to judicial problems? Europe after Viking, Laval and Rà¼ffert — by Martin Hà¶pner
The Viking (2007), Laval (2007) and Rà¼ffert (2008) rulings are further steps in a long history of judicially imposed European liberalization. From a German perspective, besides the effective liberalization of public services, the liquidation of the monopoly of the former Federal Employment Office and restrictions on both public banking and public broadcasting are noteworthy examples.
Speakers's Corner | 18/07/2008
Debate-Viking-Laval-Rà¼ffert: The Court of Justice of the European Communities and the "Social Market Economy" — by Loà¯c Azoulai
The Court of Justice of the European Communities was asked one question: May a company based in the Union and wishing to exercise its freedom of movement, either to offer its employees' services in an other Union State (the Laval case) or to settle in a EU State where the salaries are lower (the Viking Line case) contest collective action undertaken by a workforce wishing to impose on the said company the higher salary rates in force in their countries? The Court's answer is twofold.../p>
Speakers's Corner | 18/07/2008
Authors
European Trade Union Insitute
The European Trade Union Institute for Research, Education, and Health and Safety (ETUI-REHS) is an international non profit-making Association established under Belgian law.
Notre Europe
Notre Europe is an independent think tank devoted to European integration. Under the guidance of Jacques Delors, who created Notre Europe in 1996, the association aims to « think a united Europe. » Our ambition is to contribute to the current public debate by producing analyses and pertinent policy proposals that strive for a closer union of the peoples of Europe. We are equally devoted to promoting the active engagement of citizens and civil society in the process of community construction and the creation of a European public space.