Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-10-22-Speech-3-248"
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"en.20081022.17.3-248"2
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".
Mr Andersson’s report claims to have learned lessons from the scandalous rulings of the Court of Justice in Luxembourg, in particular the Laval and Viking cases. These rulings give precedence to the freedom to provide services and the freedom to establish businesses over the defence of national workers’ interests and rights against social dumping. To an unacceptable degree, they make the exercising of social rights subject to a ‘proportionality principle’ which far exceeds lawful restrictions (public order and health, for example) recognised in national laws and ILO conventions.
They represent a backdoor reinstatement of the first version of the Bolkenstein Directive, where the law of the country of origin (social law, labour law, salaries and so on) applied to workers going to provide a service in another Member State, regardless of the legislation or collective agreements in force in the latter. Now, this version was rejected by the European legislator and it is intolerable that the judges are able to set themselves up as lawmakers under the pretext of interpreting the law.
Although at times he does well, Mr Andersson is too attached to the ultra-liberal principles which gave rise to this situation for his report to secure our support. This is why we will be abstaining."@en1
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