FREEDOM FOR BUSINESS OVER COLLECTIVE RIGHTS OF WORKERS:
The conclusion following the four cases is that in the EU freedom for businesses to move capital, goods and services and to encourage movement of labour takes precedence over fundamental human rights:
- To associate to protect and advance their interests
- To engage in effective collective bargaining and
- To take industrial action.
The ECJ’s approach moves away from equal treatment of those undertaking the same or similar work – in favour of “market access”.
What is more the courts will decide on the issue of proportionality and necessity in the context of the action taken.
Legal action by business will be particularly effective against unions as they may recover unlimited damages as a consequence of collective action or the threat of it: unions and their members should be immune from action if they are taking part in legitimate collective action.
Even those member states who want to encourage the enhancement of their citizens will be discouraged or restricted from doing so.
This fundamental shift which undermines Social Europe must be reversed.
