Tensions Between Social and Labour Rights and EU Internal Labour Market Level: Evidence from EU Level Actors

Friday, April 15, 2016
Assembly D (DoubleTree by Hilton Philadelphia Center City)
Chris Forde , Leeds University Business School
Gabriella Alberti , Leeds University Business School
Liz Oliver , Leeds University Business School
Dagmar Schiek , Law, Queens University Belfast
This paper explores the relationship between EU social and labour rights and EU Internal Market law, through an analysis of perceptions of EU level actors towards tensions and conflicts in these areas. Potential tensions between the law of the Internal Market and labour and social rights at EU and national level are increasingly recognised, in areas such as collective organisation, rights to fair working conditions and social security rights.

Drawing on primary evidence from interviews with EU level actors, including trade unions, employer associations and NGOs, this paper looks at how social actors at the EU level perceive tensions between social and labour rights on the one hand and Internal Market law on the other. It also considers the responses of these social actors at an EU level to address these tensions.

The paper finds some perceived tensions between social and labour rights and Internal Market law, particularly around the protection of posted workers, freedom of establishment, and equal treatment rights of workers. Responses to tensions amongst EU level actors were varied. Stronger mechanisms for enforcing existing social and labour rights, and better information provision were offered as solutions by some. However, others felt that revisiting the very substance of existing provisions was necessary to ensure that social and labour rights were afforded the same status as internal labour market law.