Suchergebnisse

The aim of this chapter is to argue that the European Court of Justice's (ECJ's) rulings in Viking and Laval raise a not completely explicit, but nevertheless significant, challenge to the role and function of national trade unions. Unions must face the dilemma of adjusting action taken to protect their members to the economic freedoms of the EU, whenever there is a situation of potential social dumping.

The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty.The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.