Equal Treatment of Mobile Persons in the Context of a Social Market Economy

Free movement of persons is a fundamental freedom and equal treatment its necessary corollary. Yet, both principles have come under pressure in the past decades. This article investigates three forms of mobility within the European Union (EU): workers, economically inactive persons and posted worker...

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Autores principales:	Catherine Jacqueson, Frans Pennings
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2019
Materias:	equal treatment social union citizenship social dumping benefit tourism Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/f35f37d138e1480f88f85b372ba8c2d8
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spelling	oai:doaj.org-article:f35f37d138e1480f88f85b372ba8c2d82021-11-08T08:17:04ZEqual Treatment of Mobile Persons in the Context of a Social Market Economy1871-515X10.18352/ulr.511https://doaj.org/article/f35f37d138e1480f88f85b372ba8c2d82019-09-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/511https://doaj.org/toc/1871-515XFree movement of persons is a fundamental freedom and equal treatment its necessary corollary. Yet, both principles have come under pressure in the past decades. This article investigates three forms of mobility within the European Union (EU): workers, economically inactive persons and posted workers. In respect of all three categories, there is a tension between social and market interests, which appears most clearly when comparing their right of equal treatment. The balancing between market and social values is at the core of this research. We expect that the social market economy will, on the one hand, explain the ‘'why'’ in discussing the right of equal treatment of free movers and its limitations. On the other hand, the social market economy also has a normative dimension, which enables us to discuss perspectives on 'how' equal treatment can develop, and make some propositions. We argue that the social component in the market economy requires a revision of what is seen as fair competition in the direction of outlawing social dumping. We also find that the persistence of the market elements pleads for the right to free movement of persons, which does not substantially disturb the economy of the host Member State.Catherine JacquesonFrans PenningsUtrecht University School of Lawarticleequal treatmentsocial union citizenshipsocial dumpingbenefit tourismLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 15, Iss 2, Pp 64-80 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	equal treatment social union citizenship social dumping benefit tourism Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	equal treatment social union citizenship social dumping benefit tourism Law in general. Comparative and uniform law. Jurisprudence K1-7720 Catherine Jacqueson Frans Pennings Equal Treatment of Mobile Persons in the Context of a Social Market Economy
description	Free movement of persons is a fundamental freedom and equal treatment its necessary corollary. Yet, both principles have come under pressure in the past decades. This article investigates three forms of mobility within the European Union (EU): workers, economically inactive persons and posted workers. In respect of all three categories, there is a tension between social and market interests, which appears most clearly when comparing their right of equal treatment. The balancing between market and social values is at the core of this research. We expect that the social market economy will, on the one hand, explain the ‘'why'’ in discussing the right of equal treatment of free movers and its limitations. On the other hand, the social market economy also has a normative dimension, which enables us to discuss perspectives on 'how' equal treatment can develop, and make some propositions. We argue that the social component in the market economy requires a revision of what is seen as fair competition in the direction of outlawing social dumping. We also find that the persistence of the market elements pleads for the right to free movement of persons, which does not substantially disturb the economy of the host Member State.
format	article
author	Catherine Jacqueson Frans Pennings
author_facet	Catherine Jacqueson Frans Pennings
author_sort	Catherine Jacqueson
title	Equal Treatment of Mobile Persons in the Context of a Social Market Economy
title_short	Equal Treatment of Mobile Persons in the Context of a Social Market Economy
title_full	Equal Treatment of Mobile Persons in the Context of a Social Market Economy
title_fullStr	Equal Treatment of Mobile Persons in the Context of a Social Market Economy
title_full_unstemmed	Equal Treatment of Mobile Persons in the Context of a Social Market Economy
title_sort	equal treatment of mobile persons in the context of a social market economy
publisher	Utrecht University School of Law
publishDate	2019
url	https://doaj.org/article/f35f37d138e1480f88f85b372ba8c2d8
work_keys_str_mv	AT catherinejacqueson equaltreatmentofmobilepersonsinthecontextofasocialmarketeconomy AT franspennings equaltreatmentofmobilepersonsinthecontextofasocialmarketeconomy
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Equal Treatment of Mobile Persons in the Context of a Social Market Economy

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