Posting of Workers : Commission Withdraws Monti II Proposal

European Social Policy, September 19, 2012 | Go to article overview

Posting of Workers : Commission Withdraws Monti II Proposal


Since 12 national parliaments have given the yellow card' to the proposed Monti II regulation, which would clarify the right to take collective action in the context of economic freedom, the European Commission has decided to abandon its plan and keep the status quo.

"Contrary to what the different reasoned opinions say, the regulation does not create any problems of subsidiarity. Nonetheless, we have decided to implement the withdrawal procedure, in the light of the lack of support expressed for this proposal," explained the spokesman for Employment and Social Affairs Commissioner Laszlo Andor, highlighting at the same time the commissioner's "pragmatism and realism".

In corollary, the case law of the EU Court of Justice will still apply in cases of conflict between economic freedoms (the right of establishment and free provision of services) and fundamental rights (such as the right to collective negotiation and the right to trade union action).

SEARCH FOR BALANCE

Every year, almost a million workers are posted to another European country by their employers in order to provide temporary service there. This practice currently falls under Directive 96/71/EC, which lays out the working and employment conditions that must be respected in such cases.

On 21 March, the Commission nonetheless undertook to clarify the rules in force by proposing two draft texts: firstly, an implementing directive clarifying the implementation of the 1996 rules, and secondly a regulation concerning the right to take collective action in cross-border situations. The aim of the latter text was to respond to fears over the EU court's judgements, according to which, in the single market, economic freedoms would take precedence over fundamental rights. The new proposal reaffirmed that the restriction of one by the other should not go beyond what was "appropriate, necessary and moderate". It also established a rapid alert system for social conflicts with serious consequences, and the principle of equality of access to insitutions for the extrajudicial resolution of disputes.

YELLOW CARD

The proposed regulation immediately provoked strong opposition among trade unions and employers, and even more so between the left and the right. During the eight weeks following publication, 12 national parliaments (the Danish, Finnish, Swedish, Lithuanian, Portuguese, Luxembourgisch and Maltese parliaments as well as the Polish Assembly, the French Senate, the Belgian House of Representatives and the States-General of the Netherlands), representing 19 votes, wrote reasoned opinions to the Commission denouncing the non-comformity of the text with the subsidiarity principle. Such widespread opposition activated for the first time the yellow card' procedure which, by virtue of the protocol on the application of the subsidiarity and proportionality principles annexed to the Lisbon Treaty, obliged the Commission to review the text. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Posting of Workers : Commission Withdraws Monti II Proposal
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.