A LANDMARK DECISION: THE LAVAL-CASE AND ITS FURTHER JUDICIAL QUESTIONS

Abstract

How is it possible to keep the balance between the application of the so-called free movement rules of the European Union and the fundamental social rights, with the preservation of the national social systems? Could the application of fundamental rights by the trade unions – such as collective actions – means the violation of the single market’s principles? Reversing the question: could the literal compliance with the acts of the European Union mean – in certain cases – the restriction of those rights which are ensured to workers, employers, organisations by the European Charter of Fundamental Rights? Could the regulations on the single market be interpreted less strictly in order to ensure the collective rights in national social systems? Is there a balance between European economic-interests and social rights of employees? If yes, where is that balance? If the balance is not reached yet, how could we manage to reach? In the next few pages I intend to present the European Court of Justice’s answers to these questions on the one hand, and the arguments of the stakeholders at issue on the other hand, through the analyzis of the Laval-case.