This article offers a critical-contextual analysis of the recent case law of the European Court of Justice on employers’ contractual freedom as a fundamental right to be immunised against the alleged disproportional protection enjoyed by employees. The author retraces the steps of the progressive ideological overthrow of the original constitutional assumptions of the founding treaties as a prominent example of ‘displacement of social Europe’, critically reviewing key moments in the Court’s case law dealing with the relationship between the freedom to conduct a business and labour law in the legislative framework of the European Union. The author challenges such neoliberal understanding of the freedom of enterprise and argues for an alternative interpretation of Article 16 of the EU Charter of Fundamental Rights.
Freedom to Conduct a Business and EU Labour Law.
Giubboni Stefano
2018
Abstract
This article offers a critical-contextual analysis of the recent case law of the European Court of Justice on employers’ contractual freedom as a fundamental right to be immunised against the alleged disproportional protection enjoyed by employees. The author retraces the steps of the progressive ideological overthrow of the original constitutional assumptions of the founding treaties as a prominent example of ‘displacement of social Europe’, critically reviewing key moments in the Court’s case law dealing with the relationship between the freedom to conduct a business and labour law in the legislative framework of the European Union. The author challenges such neoliberal understanding of the freedom of enterprise and argues for an alternative interpretation of Article 16 of the EU Charter of Fundamental Rights.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
