Click here to download

Workers' protection and competition among enterprises in the European Union
Journal Title: GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI  
Author/s:  Donata Gottardi 
Year:  2010 Issue: 128 Language: Italian 
Pages:  61 Pg. 509-569 FullText PDF:  696 KB
DOI:  10.3280/GDL2010-128001
(DOI is like a bar code for intellectual property: to have more infomation:  clicca qui   and here 


The essay aims at framing the current boundaries between labour law and competition law, at the European institutions’ level, on the premise of a clear erosion of our discipline. There were several warnings: the deep asymmetry with regard to the meaning of labour law itself, the growth of intra-EU social dumping, the renewal of nationalistic sentiments, the Court of Justice case law constraining collective bargaining and the right to strike. At the same time, the Author highlights the existence of strong potentials that could reverse the relationship between Economic Europe and Social Europe. On one hand, the financial and economic crisis questioned the idea of a self-regulating market; on the other hand, the amendments made by the Treaty of Lisbon to the sources system affected both competition, which from being a "principle" has been turned into a "function", and the field of social protection and labour law, projected into the social market economy and covered by a social clause with horizontal value. This is the only perspective that can be taken in consideration if we want to prevent the collapse of the labour and industrial relations system.
Keywords: Competition; Labour law; Collective bargaining; Strike; Trade unions; Social market economy

Donata Gottardi, Workers' protection and competition among enterprises in the European Union in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 128/2010, pp. 509-569, DOI:10.3280/GDL2010-128001

   

FrancoAngeli is a member of Publishers International Linking Association a not for profit orgasnization wich runs the CrossRef service, enabing links to and from online scholarly content