Conflict between Economic Freedom and Social Democratic Rights in the EU : Debates Concerning the Viking Case, ECJ Preliminary Rulings, and Monti II Regulation

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  • EU における経済的自由と社会民主的権利の衝突 : ヴァイキング事件,ECJ 先決裁定,モンティ規則を巡って
  • EU ニ オケル ケイザイテキ ジユウ ト シャカイ ミンシュテキ ケンリ ノ ショウトツ : ヴァイキング ジケン,ECJ センケツ サイテイ,モンティ キソク オ メグッテ

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In two previous articles, I presented two case studies on conflicts between trade unions and employers in EU member countries: one in Sweden and the other in the U.K. Both case studies indicate these conflicts originate in the EU's two important but partly conflicting aims, namely, ensuring complete economic freedom within the EU, and guaranteeing full social democratic rights which have been long established in EU member countries. Conflicts over these issues have become more intense since the fifth enlargement of the EU. To establish an appropriate balance between economic freedoms and social democratic rights is an urgent and challenging task for the EU. Presented here is a third case study to complete this series of studies. It introduces the conflict between the Finnish shipping company "Viking" and the Finnish trade union, and examines public debate after the preliminary ruling of the ECJ concerning the Viking Case. I argue that it is vital for the EU to find a fair balance between the abovementioned two aims.


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