Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-04-22-Speech-2-436"
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"en.20080422.53.2-436"2
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"Commissioner, it is true that we are extremely disappointed to see how the freedom of provision of services is being applied in case law. One might be forgiven for thinking that, in some interpretations, the ECJ has sought to establish the pre-eminence of articles 43 and 49 over every other consideration. However, I am wary of Manichean analyses of these case-law decisions, which, as you all know, are first and foremost test cases.
I believe that the question we need to ask ourselves is how to guarantee the social acquis. More specifically, we need to answer two questions. Firstly, what wage level must companies be subjected to under the national laws of the host country? Secondly, to what extent can we restrict the collective action of trade unions intended to ensure equal treatment of national and posted workers?
In answer to these questions, I do not believe in a change in the Posting of Workers Directive. I even think that we would be taking a huge risk in attempting this. Conversely, I find the European Trade Union Confederation’s proposal for a social clause more interesting. I think that this is quite simply, as Mr Brok said, a case of applying the treaties, both old and new: Article 3.3, Article 6.1 and the Charter of Fundamental Rights, which is now substantive law.
We also need to enforce – and the national parliaments could supervise this – the principle of subsidiarity in all that concerns the right to work, workers’ rights and the right to strike in particular.
In the more immediate future, the French Presidency is about to launch the Social Agenda. For you, Commissioner, the Commission must go further than the point that you made and the minimum administrative recommendation for a more political text, taking full account of the uncertainties arising from case law."@en1
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