Защитата на правата на работниците и единния европейски пазар в юриспруденцията на съда на Европейския съюз
Protection of workers' rights and the single Europian market in the jurisprudence of the court of justice of the Europian Union

Summary/Abstract: The European single market is the core of the European Union today. With the introduction of the four freedoms, within the European single market, people, goods, services and capital move around as freely as they do within one country. It would appear that the Union has a strong economic vocation. On the other hand, the EU established itself as a political union with social paragraph, in which the role of protection of fundamental rights is also essential. The protection of workers is part of these fundamental rights. The right to take collective union action, as the strike is seen as the exercise of a fundamental right. Therefore, a conflict seems to arise between, on the one hand, the structure of the European single market, and, on the other, the protection of fundamental rights, such as the protection of workers. Resolving this conflict would prove difficult, both in terms of finding a practical workable solution and a possible legal reconciliation. The rulings in the cases Viking2, Laval3, Rüffert4 and Luxembourg5 are an example of the difficulty of reconciling the protection of rights of workers, namely the right to strike and unions with the EU freedoms such as the freedom of movement. The future jurisprudence of the Court would prove to suffer from the same gaps as Viking and Laval cases, the question remaining if an equivalent protection is possible.

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