Social Human Rights and Third Country Nationals in the EU: The Case of Social Dumping?
Dagilyte, E, ‘Social Human Rights and Third Country Nationals in the EU: The Case of Social Dumping?’ in CC Murphy and P Green (eds), Law and Outsiders: Norms, Processes and 'Othering' in the 21st Century (Hart Publishing, 2011)
Posted: 27 Jan 2015
Date Written: 2011
Abstract
The paper argues that work-related social human rights of third country nationals (TCNs) legally residing and working in the EU are in great danger of social dumping. This claim is assessed the light of the two recent (December 2007) judgements in Laval and Viking Line cases of the European Court of Justice, where the Court solved conflicts between Union fundamental (economic) freedoms on one hand and social human rights on the other, and assessed the problem of social dumping within the Union. The author concludes that in order to achieve the Union objective of promoting a high level of employment and social protection for those TCNs who are posted from third countries (and to effectively combat social dumping), the rules of the EU and of the Member State where a service is provided must apply under the principle of lex loci laboris.
Keywords: third-country nationals, social rights, european union, immigration
JEL Classification: K31, K32, K39
Suggested Citation: Suggested Citation