Law & Politics
Social Dumping in the Face of Cross-border Collective Agreements and Actions: A Dilemma of the European Legal Practice on the Edge of Law and Economy in the Light of the Framework of International Standards
Published:
2021-06-26
https://doi.org/10.26521/profuturo/2021/1/9851
Author
View
Keywords
protection of fundamental rights collective labour rights freedom to provide services social dumping collision of legal orders
License
Copyright (c) 2021 Pro Futuro
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
How To Cite
Selected Style:
APA
Kószás, A. G. (2021). Social Dumping in the Face of Cross-border Collective Agreements and Actions: A Dilemma of the European Legal Practice on the Edge of Law and Economy in the Light of the Framework of International Standards. Pro Futuro, 11(1), 180-202. https://doi.org/10.26521/profuturo/2021/1/9851
Abstract
In this paper I outline the objectives of the ILO, the conventions relevant to collective bargaining and action, and furthermore the pronouncements of the ILO supervisory bodies. After describing social dumping I examine the jurisprudence of the European Union regarding the collision of fundamental freedoms and collective labour rights in the light of international labour standards. My observation is that the hierarchical relationship between fundamental freedoms and labour rights in favour of the former cannot be maintained even based on EU law.