{"title":"Posted work in the European Union: Towards a highly competitive social market economy?","authors":"Marta Lasek-Markey","doi":"10.1111/eulj.70000","DOIUrl":null,"url":null,"abstract":"<p>This paper examines the EU's legal framework on the posting of workers—most notably Directive 2018/957—in light of the broader structural tension within European integration between economic freedoms and social protection. It argues that, although the revision marks a shift towards a more worker-oriented approach, the underlying legal and political conflicts remain unresolved. Through an analysis of case-law, legislative developments and empirical trends, the paper shows how the posting regime, while seemingly narrow in scope, acts as a magnifying glass for deeper questions about the EU's identity, legitimacy and capacity to realise the vision of a ‘highly competitive social market economy’ enshrined in Article 3 of the Treaty on European Union (TEU). The paper concludes that while recent reforms represent a step forward, they also reveal the limits of EU-level regulation in balancing market integration with effective labour protections.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":"31 1-2","pages":"98-113"},"PeriodicalIF":1.4000,"publicationDate":"2025-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/eulj.70000","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Law Journal","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/eulj.70000","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
This paper examines the EU's legal framework on the posting of workers—most notably Directive 2018/957—in light of the broader structural tension within European integration between economic freedoms and social protection. It argues that, although the revision marks a shift towards a more worker-oriented approach, the underlying legal and political conflicts remain unresolved. Through an analysis of case-law, legislative developments and empirical trends, the paper shows how the posting regime, while seemingly narrow in scope, acts as a magnifying glass for deeper questions about the EU's identity, legitimacy and capacity to realise the vision of a ‘highly competitive social market economy’ enshrined in Article 3 of the Treaty on European Union (TEU). The paper concludes that while recent reforms represent a step forward, they also reveal the limits of EU-level regulation in balancing market integration with effective labour protections.
期刊介绍：
The European Law Journal represents an authoritative new approach to the study of European Law, developed specifically to express and develop the study and understanding of European law in its social, cultural, political and economic context. It has a highly reputed board of editors. The journal fills a major gap in the current literature on all issues of European law, and is essential reading for anyone studying or practising EU law and its diverse impact on the environment, national legal systems, local government, economic organizations, and European citizens. As well as focusing on the European Union, the journal also examines the national legal systems of countries in Western, Central and Eastern Europe and relations between Europe and other parts of the world, particularly the United States, Japan, China, India, Mercosur and developing countries. The journal is published in English but is dedicated to publishing native language articles and has a dedicated translation fund available for this purpose. It is a refereed journal.
求助内容：
应助结果提醒方式：
京公网安备 11010802042870号
