The freedom of establishment and collective action in the EU

Abstract

Since the introduction of the Internal Market in the EU, the freedom of establishment has been a key role in constituting an efficient market between Member States. However, when an employer-employee relation exists in a situation of establishment, a conflict of interestmay arise. In this scenario, there is a conflict between the social objectives pursued by the workforce and their organizations and the rights of the employer to establish themselves in a different Member State. Although most fundamental rights work in a conjoint manner, throughout this paper it will be illustrated that the freedom of establishment and the right to take collective action have been adopted against each other. The author went into the jurisprudence and different legal instruments established in the Union to cater for the different scenarios which arise from such conflict.