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This article explores the fault lines between the single market and the social dimension at the national level, as exposed by the Court's cases. It discusses the need for a new legal context that takes into account the social market economy objective set out in the Lisbon Treaty and the legally binding European Charter of Fundamental Rights. The article also highlights the potential for further policy action if these concerns are not adequately addressed.
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Civilising the European Posted Workers Directive – Social Rights as a compass for European Integration N. Countouris and S. Engblom
“The Court's cases have exposed the fault lines that run between the single market and the social dimension at national level in two ways. ” “The ECJ rulings pre-date the entry into force of the Lisbon Treaty, which explicitly sets out the social market economy as an objective for the Union and makes the European Charter of Fundamental Rights legally binding at Treaty level. These elements should shape a new legal context, in which the issues and the concerns raised by the trade unions should hopefully find an adequate response. If this is not the case, however, the scope for further policy action should be explored” Mario Monti (2010)
“The Court's cases have exposed the fault lines that run between the single market and the social dimension at national level in two ways. ” “The ECJ rulings pre-date the entry into force of the Lisbon Treaty, which explicitly sets out the social market economy as an objective for the Union and makes the European Charter of Fundamental Rights legally binding at Treaty level. These elements should shape a new legal context, in which the issues and the concerns raised by the trade unions should hopefully find an adequate response. If this is not the case, however, the scope for further policy action should be explored” Mario Monti (2010)
Social dumping Collective labour rights v market freedoms Enforcement Directive 2014/67 [Monti II] The main ‘fault lines’ and ‘policy actions’
“The Court's cases have exposed the fault lines that run between the single market and the social dimension at national level in two ways. ” “The ECJ rulings pre-date the entry into force of the Lisbon Treaty, which explicitly sets out the social market economy as an objective for the Union and makes the European Charter of Fundamental Rights legally binding at Treaty level. These elements should shape a new legal context, in which the issues and the concerns raised by the trade unions should hopefully find an adequate response. If this is not the case, however, the scope for further policy action should be explored” Mario Monti (2010)
A ‘new legal context’? • Case C‑413/13, FNV • Case C‑315/13, De Clercq • Case C‑396/13, ESA
The ‘civilising’ function of labour law ‘Le droit du travail a eu et a toujours pour première raison d’être … de civiliser le pouvoir patronal [et] les relations de travail’ (A. Supiot) • A renewed role for the Equal Treatment Principle in the integration of Europe’s social market economy • A renewed role for European Social Rights in the further integration of the European (economic and political) project
