This thesis analyses in depth the seminal cases of the Court of Justice, namely C-341/05 Laval, C-438/05 Viking Line and C-346/06 Ruffert. The analysis starts with description of the decisions. Those are laid out both from the perspectives of the Advocates General and of the Court of Justice (chapter 2). Central aspects of the decisions are analysed in chapter 3. First, it is the decision to apply Community law (now EU law) to national social policy. This is not new in itself, but it is taken to unusual depth. Second, the Court of Justice decided to apply Community law to trade unions. This horizontal application of Community law has crucial implications on the human rights discourse of the Court. Third, we analyse how the Court viewed the issue whether the strike action violated the Treaty, and the issues of justification and proportionality. Chapter 4 focuses on human rights aspect of the decisions. The very use of human rights in Community law is briefly sketched. In more detail the implications of the likely accession of the European Union to the European Convention on Human rights are considered. Finally, the human rights discourse of the Court of Justice in the Laval and Viking cases is put to critical scrutiny. One of the determining elements in Laval and Viking is application of the Treaty...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:309820 |
| Date | January 2012 |
| Creators | Šamánek, Jan |
| Contributors | Král, Richard, Scheu, Harald Christian, Křepelka, Filip |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/doctoralThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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