Abstract

OLIVEIRA, Pedro. Some problems for the protection of fundamental rights in the jurisprudence of the Court of Justice of the European Union: the Viking and Laval cases. e-Pública [online]. 2020, vol.7, n.2, pp.305-327. ISSN 2183-184X.

Viking and Laval are well-known judgments from the Court of Justice of the European Union on the labour field. More than a decade later, they seem to continue restraining the present and the future of EU labour law. This study seeks to reflect critically on that jurisprudence, which certainly constitutes a privileged barometer of one of the biggest constitutional tension in the European Union, namely the collision between economic freedoms stated by the Treaties and the rights laid down by the EU Charter of Fundamental Rights and by the national constitutional laws.

Keywords : Viking; Laval; economic freedoms; fundamental rights; EU labour law.

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