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A hypothesis on the economic nature of labour law: the collective labour freedoms
University of Bari, Italy.
Linnaeus University, School of Business and Economics, Department of Management Accounting and Logistics.
2018 (English)In: European Labour Law Journal, ISSN 2031-9525, Vol. 9, no 3, p. 263-286Article in journal (Refereed) Published
Abstract [en]

This article aims to introduce in the scientific debate on the future of EU labour law and its relationship with human and fundamental rights, a redefinition of the collective labour rights in terms of ‘collective labour freedoms’. This redefinition is undertaken in different steps and initiates from the so-called ‘Laval doctrine’ that has emancipated the economic freedoms (mainly referred to as the freedoms of the employers) from the social rights (mainly referred to as the rights of workers and trade unions): collective labour freedoms do not question the outcome of the balance struck by the CJEU but the possibility of balancing per se. In order to do so, this contribution proposes a different methodology that synthesises a socio-historical analysis of social rights as materially considered and acted by social partners with a positive reading of fundamental charters and constitutions in which the freedom of association, the right to collective bargaining and industrial action are recognised as tools to regulate the interests of a social and economic nature (in form of an inseparable hendiadys) pursued by both sides of the labour market, employers and employees. Collective labour freedoms underline the inherent economic nature of labour law and, in line with the theoretical framework (but opposite in terms of political goals) with the German ordoliberals, they do not deny the freedom of market; moreover, they are valuable entitlements to achieve the social market economy as enshrined in Art. 3(3) of TEU. The article finally presents a possible outcome of the proposed methodology with an example taken from a pivotal case from the Italian Supreme Court on the limits to the exercise of the right to strike in non-standard forms.

Place, publisher, year, edition, pages
Sage Publications, 2018. Vol. 9, no 3, p. 263-286
Keywords [en]
Collective labour rights, EU labour law, EU, Laval doctrine, Collective labour freedoms, Fundamental social rights
National Category
Economics
Research subject
Economy, Economics
Identifiers
URN: urn:nbn:se:lnu:diva-89179DOI: 10.1177/2031952518799761OAI: oai:DiVA.org:lnu-89179DiVA, id: diva2:1352247
Available from: 2019-09-18 Created: 2019-09-18 Last updated: 2019-09-18Bibliographically approved

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Pietrogiovanni, Vincenzo

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