Only one 28? Action and collective bargaining between Statute and Cfreu
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Abstract
The essay addresses the issue of the interferences between social rights and economic freedoms, focusing on the rights of collective bargaining and action. The author first argues their horizontal application among privates in the national legal system and then describes the limitations that has been observed in the ECJ case law. The analysis suggests some interpretative solutions to the contradiction that collective bargaining and action have been recognized as fundamental rights in the EU but made conditional on compliance with the rules concerning the economic freedoms.
Keywords
- Pandemic crisis
- Social rights
- Art. 28
- Act n. 300/1970
- Economic freedoms
- Competition law
- Internal market
- Fundamental rights
- Social market economy
