Abstract

LOY, Gianni. The antisocial aim of European Union. Bol. Mex. Der. Comp. [online]. 2011, vol.44, n.131, pp.625-656. ISSN 2448-4873.

Recent European Court of Justice case law have ascertained that fundamental worker's right to strike or the right of Member States to establish minimum terms and conditions of employment applicable to all workers coming from other Member States, can be sacrificed in the name of the freedom of movement of services and of freedom of establishment. Well known Italian and Spanish scholars have made comments on this case law described as a turnabout, a kind of Copernican revolution, recognizing to economic freedom a constitutional dignity, as such capable of limiting other fundamental rights and finally protecting social dumping. In this essay, through a precise reconstruction of the different phases ofthe birth and growth of European Union, we would like to argue that economic interest were absolutely prevailing since the first European Communities constitutive agreement, and the following openings to the social dimension, from the mid seventies, were more apparent than real and they have not really touched the philosophy of the beginnings.

Keywords : work; European Union; fundamental rights; economic freedom.

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