Balancing Fundamental Social Rights and Economic Freedoms . Can the Monti II Initiative Solve the EU Dilemma?
2012 (English)In: International Journal of Comparative Labour Law and Industrial Relations, ISSN 0952-617X, ISSN 0952-617x, Vol. 28, no 3, 279-306 p.Article in journal (Refereed) Published
This article evaluates the recent (March 2012) legislative initiative by the European Commission for a regulation (known as Monti II) on the exercise of the right to take collective action within the context of the freedom of establishment and the freedom to provide services. The authors put forward a critique of the legal basis, content and form of the proposal, which has already been challenged by Parliaments in twelve Member States. The authors propose the adoption of a revised initiative that would make a clear commitment to international law and labour standards. It should recognize the autonomy of the social partners and a margin of manoeuvre for trade union action, foreseeing only limited judicial review in accordance with international practice. The proposed articles on dispute resolution and an alert mechanism should be deleted, and the appropriate form of the revised proposal could be based on guidelines adopted on the basis of Article 26(3) TFEU.
Place, publisher, year, edition, pages
2012. Vol. 28, no 3, 279-306 p.
Cross–border collective action, fundamental social rights, economic freedoms, Monti II regulation, subsidiarity, dispute resolution
IdentifiersURN: urn:nbn:se:su:diva-85887OAI: oai:DiVA.org:su-85887DiVA: diva2:585296