Challenges of Equality, Solidarity and Fair Competition
Buch, Englisch, 432 Seiten
ISBN: 978-94-035-2860-1
Verlag: Kluwer Law International
- host country’s discretion in relation to the part of domestic regulation it can impose on posted employees;
- misconceived clash between social rights and economic freedoms;
- coordination of national social security systems;
- proliferation of unlawful and fraudulent practices;
- ‘regime shopping’ and exploitation of existing regulatory loopholes;
- misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’;
- orientation of political influence during the drafting process of relevant EU legislation;
- expected controversial economic impact of Directive (EU) 957/2018;
- concrete realisation of the EU values and principles of equality, solidarity and fair competition; and
- definition and pursuit of a ‘European social model’.
Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.