Abstract

The normative competition started by globalisation has re-inflamed the debate on social dumping, even in the hearth of Europe. This custom, allowed by international trade and confirmed by the recent decisions of the European Court of Justice (Viking, Laval, Rüffert), reflects a reality of an unfair vision under the market's dynamics, and it needs a new regulation: it is necessary to evolve from a free trade to a fair trade.The main instruments of this new kind of regulation are social clauses; but also the role of national and international courts and the corporate social responsibility can help to spread the respect of fundamental rights and so to globalise social rights.