Brussels 23/10/2008 (Agence Europe) - Freedom to provide services is “one of the cornerstones of the European project”, but this “should be balanced” against the fundamental rights and the social objectives set out in the treaties, on the one had, and the right of public and social partners to ensure non-discrimination, equal treatment and the improvement of living and working conditions, on the other. That is what the European Parliament said in adopting (by 474 votes to 106, with 93 abstentions) the own initiative report by Jan Andersson (PES, Sweden), assessing the consequences of the Laval, Viking, Rüffert and Luxemburg judgments delivered by the European Court of Justice (see EUROPE 9635 and 9636).
The freedom to provide services does not contradict, nor does it have primacy over, the fundamental right of social partners, in essence, said MEPs. They also highlighted the importance of the principles of the free movement of workers and equal treatment. Parliament called on the Commission to prepare the necessary legislative proposals to avoid any conflict of interpretation in future.
Posting of workers directive. The directive on the posting of workers allows public authorities and social partners to seek the most favourable employment and working conditions for workers. The EP believes that the limited legal basis on which the posting of workers directive is built, with regard to free movement, could lead to the said directive being interpreted as a clear invitation to engage in unfair competition on wages and working conditions. It felt, therefore, that the legal basis of the directive could be broadened to include a reference to the free movement of workers. The EP emphasised that, as a result, the current situation might lead to workers in host countries feeling pressured by low wage competition. Member states, therefore, had to ensure consistent implementation of the posting of workers directive.
Principle of proportionality. MEPs questioned the introduction of a proportionality principle for actions against undertakings which, by relying on the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment. Lastly, the EP reaffirmed that fundamental social rights were not subordinate to economic rights in a hierarchy of fundamental freedoms. (L.C./transl.rt)