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Problem of so-called social dumping in EU law
Marková, Alice ; Svobodová, Magdaléna (advisor) ; Šmejkal, Václav (referee)
Problem of so-called social dumping in EU law Abstract Social dumping in EU law is becoming an increasingly pressing problem. Due to the creation of the EU internal market and the accession of the new Member States, in particular southern and eastern Europe, social dumping is occurring in many forms in the European Union. Is it possible to prevent social dumping, or by what means can it be minimized? This diploma thesis in its first chapter deals with the definition of social dumping in EU law in general, focusing on social dumping in the form of so-called regulatory arbitrage, both theoretically and practically. In the second chapter, the author presents the development of social policy in the context of the EU internal market, since the interaction between the economic and social objectives of European integration is crucial for the existence of social dumping. This chapter is followed by the case law of the Court of Justice of the European Union in Rush Portuguesa, Viking Line, Laval, Rüffert and Commission v. Luxembourg, which concerns a conflict of fundamental freedoms and fundamental social rights. This chapter discusses how the Court of Justice of the European Union decides in the event of a conflict of these rights. Furthermore, that case-law has a considerable impact on the interpretation of the...
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