King's College London

Research portal

Unions’ Freedom to Establish and Provide Services

Research output: Chapter in Book/Report/Conference proceedingChapter

Standard

Unions’ Freedom to Establish and Provide Services. / McGaughey, Ewan.

Cross-Border Mergers: Studies in European Economic Law and Regulation. Vol. 17 Springer, Cham, 2019. p. 175-191.

Research output: Chapter in Book/Report/Conference proceedingChapter

Harvard

McGaughey, E 2019, Unions’ Freedom to Establish and Provide Services. in Cross-Border Mergers: Studies in European Economic Law and Regulation. vol. 17, Springer, Cham, pp. 175-191. https://doi.org/10.1007/978-3-030-22753-1_9

APA

McGaughey, E. (2019). Unions’ Freedom to Establish and Provide Services. In Cross-Border Mergers: Studies in European Economic Law and Regulation (Vol. 17, pp. 175-191). Springer, Cham. https://doi.org/10.1007/978-3-030-22753-1_9

Vancouver

McGaughey E. Unions’ Freedom to Establish and Provide Services. In Cross-Border Mergers: Studies in European Economic Law and Regulation. Vol. 17. Springer, Cham. 2019. p. 175-191 https://doi.org/10.1007/978-3-030-22753-1_9

Author

McGaughey, Ewan. / Unions’ Freedom to Establish and Provide Services. Cross-Border Mergers: Studies in European Economic Law and Regulation. Vol. 17 Springer, Cham, 2019. pp. 175-191

Bibtex Download

@inbook{df954915d5414c6589f46099b2c5a548,
title = "Unions’ Freedom to Establish and Provide Services",
abstract = "Concern has been growing, especially since the Viking and Laval opinions, that business rights are unjustly trumping democracy and labour rights. Those cases reviewed the proportionality of collective action by trade unions on the assumption that strikes infringed business rights to establish and provide services. But the Court of Justice never had submissions on the rights of trade unions to establish and provide services to their members. A plain reading of the Treaty on the Functioning of the European Union compels the conclusion that union freedoms are protected by law. If the Court had turned its attention to those rights, it would have found a union taking collective action cannot violate a business’ right of establishment or service provision, any more than a business can violate rights of another business by fairly outcompeting it. Conflicting rights to establish and provide services cancel each other out. From this perspective, labour rights are not merely overriding interests and human rights. Labour rights form the general principles underpinning the European Union. The explicit acknowledgement of trade union freedoms is desirable in law and to advance the EU’s social and economic aims.",
author = "Ewan McGaughey",
year = "2019",
month = "9",
day = "29",
doi = "10.1007/978-3-030-22753-1_9",
language = "English",
isbn = "9783030227524",
volume = "17",
pages = "175--191",
booktitle = "Cross-Border Mergers",
publisher = "Springer, Cham",

}

RIS (suitable for import to EndNote) Download

TY - CHAP

T1 - Unions’ Freedom to Establish and Provide Services

AU - McGaughey, Ewan

PY - 2019/9/29

Y1 - 2019/9/29

N2 - Concern has been growing, especially since the Viking and Laval opinions, that business rights are unjustly trumping democracy and labour rights. Those cases reviewed the proportionality of collective action by trade unions on the assumption that strikes infringed business rights to establish and provide services. But the Court of Justice never had submissions on the rights of trade unions to establish and provide services to their members. A plain reading of the Treaty on the Functioning of the European Union compels the conclusion that union freedoms are protected by law. If the Court had turned its attention to those rights, it would have found a union taking collective action cannot violate a business’ right of establishment or service provision, any more than a business can violate rights of another business by fairly outcompeting it. Conflicting rights to establish and provide services cancel each other out. From this perspective, labour rights are not merely overriding interests and human rights. Labour rights form the general principles underpinning the European Union. The explicit acknowledgement of trade union freedoms is desirable in law and to advance the EU’s social and economic aims.

AB - Concern has been growing, especially since the Viking and Laval opinions, that business rights are unjustly trumping democracy and labour rights. Those cases reviewed the proportionality of collective action by trade unions on the assumption that strikes infringed business rights to establish and provide services. But the Court of Justice never had submissions on the rights of trade unions to establish and provide services to their members. A plain reading of the Treaty on the Functioning of the European Union compels the conclusion that union freedoms are protected by law. If the Court had turned its attention to those rights, it would have found a union taking collective action cannot violate a business’ right of establishment or service provision, any more than a business can violate rights of another business by fairly outcompeting it. Conflicting rights to establish and provide services cancel each other out. From this perspective, labour rights are not merely overriding interests and human rights. Labour rights form the general principles underpinning the European Union. The explicit acknowledgement of trade union freedoms is desirable in law and to advance the EU’s social and economic aims.

U2 - 10.1007/978-3-030-22753-1_9

DO - 10.1007/978-3-030-22753-1_9

M3 - Chapter

SN - 9783030227524

VL - 17

SP - 175

EP - 191

BT - Cross-Border Mergers

PB - Springer, Cham

ER -

View graph of relations

© 2018 King's College London | Strand | London WC2R 2LS | England | United Kingdom | Tel +44 (0)20 7836 5454