Posted work in the European Union: Towards a highly competitive social market economy?

• Autores: Marta Lasek-Markey
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 31, Nº. 1-2, 2025, págs. 98-113
• Idioma: inglés
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• Resumen

  • This paper examines the EU's legal framework on the posting of workers—most notably Directive2018/957—in light of the broader structural tension within European integration betweeneconomic freedoms and social protection. It argues that, although the revision marks a shifttowards a more worker-oriented approach, the underlying legal and political conflicts remainunresolved. Through an analysis of case-law, legislative developments and empirical trends, thepaper shows how the posting regime, while seemingly narrow in scope, acts as a magnifying glassfor deeper questions about the EU's identity, legitimacy and capacity to realise the vision of a‘highly competitive social market economy’ enshrined in Article 3 of the Treaty on EuropeanUnion (TEU). The paper concludes that while recent reforms represent a step forward, they alsoreveal the limits of EU-level regulation in balancing market integration with effective labourprotections.