Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-10-21-Speech-2-013"
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"en.20081021.6.2-013"2
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"Regardless of the convictions involved, I feel it is unacceptable to criticise rulings by the European Court of Justice. The latter is an independent and impartial institution, vital to the operation of the European Union. We may not agree with the law and we are of course able to change it, but I find it hard to accept criticism of the Court. The latter always rules on the basis of the legislation in force.
I would like to highlight two important points in relation to the issues we are today debating. Firstly, the Court’s rulings do not have any impact on the freedom to enter into collective agreements. Secondly, pursuant to the Court’s explanations, Member States may not introduce minimum standards in areas other than those mentioned in Directive 96/71/EC on the posting of workers. The Court clearly recognises the right to take collective action as a fundamental right that forms part of the general principles of Community legislation. At the same time, together with other freedoms of the internal market, the principle of free movement of services constitutes an equally important basis for European integration.
As to the implications of this report, the rapporteur is calling for a review of the Directive on the posting of workers, claiming that the Court’s interpretation runs counter to the legislator’s intentions. I disagree entirely with that view."@en1
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