Collective action and economic freedoms. Assessment of the opinions of the Advocates General in Laval and Viking and six alternative solutions
European Trade Union Institute for Research, Education and Health and Safety, Brussels
ETUI-REHS - Brussels
2007
60 p.
case law ; civil rights ; EU Court of Justice ; EU law ; freedom of movement ; posted worker ; right to strike ; strike ; trade union attitude ; trade union document ; Laval and Viking cases
Law
English
Bibliogr.
978-2-87452-108-9
04.01-49525
Based on the work of the ETUI-REHS Research Group on Transnational Trade Union Rights (co-ordinator, Professor Brian Bercusson), this publication assesses the Opinions of the Advocates General of the Court in Laval and Viking cases and proposes six solutions which may be considered satisfactory from the point of view both of legal doctrine and industrial relations practice.
Chapter headings:
* Collective action is not subject to and falls outside the scope of the Treaty's economic free movement provisions (the Albany solution);
* Employers may not use economic freedoms in the Treaty against trade unions taking collective action (horizontal direct effect);
* Subsidiarity excludes EC competence to regulate collective action;
* Workers' right to take collective action balances employers' economic freedoms;
* Interpreting the Treaty as recognising that collective action is essential to the effective functioning of the internal market.'
Paper;Digital
Legal deposit : D/2007/10574/36
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.