Posting Working Directive and Mobility Pack. Bridge or Wall Between the Eastern and Western Part of the European Union?
Posting Working Directive and Mobility Pack. Bridge or Wall Between the Eastern and Western Part of the European Union?

Summary/Abstract: On 8 March 2016, the European Commission published a proposal for a targeted revision of the Posting of Workers Directive. So far, the message in the media has been that this proposal must be seen as a step in the direction of the application of the principle ‘equal pay for equal work at the same workplace’. The proposal became known as Directive 2018/957/EU and entered into force on 30th July 2020. The aim of the directive is to improve the welfare and social protection of the workers that posted in different member states of the European Union. In theory, the public objective of the new regulation is a noble one: leveling the differences between workers irrespective of which part of the European Union are coming and a common legislation in posted workers problem across the internal market. In practice, is seems that this regulation is deepening disputes between the East and the West of the European Union. It can be said that because two wars are fought inside the European Union: the first one, between the employers from the East and those from the West; the second one, between the European Commission, backed by the western countries such as France and Germany against the states who became members after 2000 such as: Poland, Czech Republic, Hungary, Romania, and Bulgaria. In this context, the aim of the present article is to evaluate the impact of the revision of the Posted Directive and the Mobility Pack over the internal market and to assess if these regulations are creating a bridge or a wall between the East and the West of the union. To achieve this scope, the article will present the historical background of the workers posted inside the internal market and will rely on documents/decision coming from the European Commission and the European Union Court of Justice, on actions and public references coming from the public authorities of the member states (ex: courts of law) or from the part of interested parts such as unions. In the end, the article will draw a conclusion on whether there is or not a wall that divides Europe in the problem of posted workers across various states of the European Union.

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