Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-04-22-Speech-2-422"
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"en.20080422.53.2-422"2
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".
Mr President, ladies and gentlemen, all the court judgments concern cases in which the trade unions have taken internationally recognised collective measures for action against social dumping. In all three judgments the European Court of Justice recognised that the trade unions had a legitimate right to take these measures. The Court of Justice, however, challenged this right in relation to the internal market.
In the Laval and Rüffert cases, the legal minimum standard was interpreted as the only maximum standard valid on the internal market. The European Court of Justice therefore interpreted the Posting of Workers Directive in a very specific way. The legislator did not, however, intend it that way. In considering the Directive, the free trade in services must be promoted in fair competition and employees’ rights must be guaranteed. The Posting of Workers Directive also contains a most-favoured nation clause for employees and this was not taken into account in the court judgments.
The Court of Justice is now creating a situation in the European Union in which the Posting of Workers Directive has been changed from a minimum directive to a maximum directive and in which it is legitimate to assert a competitive advantage over social dumping. International social law should now be subject to charges for enterprises on the free internal market. It may be that I am thereby criticising the court judgments. However, a Union without equivalent elements of a social Europe, such as collective bargaining agreements, collective measures and combating social dumping, is doomed to failure and will no longer have the citizens’ support. Our group’s response therefore at this point is: the principle of ‘equal pay for equal work in the same establishment’ must occupy an equivalent position in the internal market with regard to the criteria of freedom."@en1
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