Legal Cases ( Laval - Rüffert... )
Catelene Passchier (cpasschier@etuc.org)
Adviser Séverine Picard (spicard@etuc.org)
Sec: Esyllt Meurig (emeurig@etuc.org)
Tel: +32 2 2240408
fax: +32 2 2240454/55
The ETUC is backing trade unions in different parts of Europe involved in legal conflicts, where fundamental labour rights and the free movement provisions for the single market collide. The first and best-known case is the Laval case (also known as the Vaxholm case). Four other cases - Rüffert in Germany, Viking in Finland, Irish Ferries in Ireland and Luxembourg have similar dimensions.
The ETUC believes that the core issue raised by these cases, the balance between the economic and the social aims of the European Union, impacts on the future orientation of the EU. Thus, the rulings have far-reaching implications for trade unions and workers in Europe, and for fundamental workers’ rights, collective bargaining and industrial action in the Member States. They are closely linked to issues such as the Services Directive.
Decisions by the European Court of Justice (ECJ), in December 2007 and April 2008, have been largely negative for trade unions. Therefore the ETUC is demanding a “Social Progress Clause” to be linked to the Lisbon Treaty, firmly establishing that the Treaty and especially its fundamental freedoms shall be interpreted as respecting workers’ rights and collective action.
