Pregledni rad
JUDICIAL ACTIVISM OF THE EUROPEAN COURT OF JUSTICE REGARDING THE EXEMPTION OF ART. 45(4) TFEU AND CROATIAN REALITY OF SUCH PRACTICES-VIOLATION OF THE RIGHT TO FREE MOVEMENT OF WORKERS
Tomislav Dagen
; Doktorska škola društveno-humanističkih znanosti Sveučilišta u Osijeku
Sažetak
As citizens of a country that has recently become a member state of the European Union, we believe that the process of accession and membership of the Republic of Croatia has fulfilled all formal and other criteria required from every country wishing to join the European Union. If we look at the European Union through the prism of four economic freedoms, the free movement of people, goods, services and capital, it is obvious that this construction of freedom has to be fully implemented in every member state of the Union by means of national laws and other positive legal regulations to ensure the realisation of the main purpose of the creation of the Union. This freedom of movement and employment of workers as citizens of member states in public/state services of other member states has enabled the European Union to grant national legislations a certain “freedom” to protect specific jobs and services important for a particular country and its security. In order to prevent any possible abuse of that “freedom”, the rulings of the European Court of Justice and its judicial activism, which in this case includes the Republic of Croatia too, send a clear message that such a freedom cannot be broadly interpreted, thus violating work and social rights as well as fundamental human rights. By joining the European Union, the Republic of Croatia has taken on all legal obligations of the membership, but the question remains whether the Croatian legislative and executive branches are in perfect harmony with the acquis communautaire of the European Court of Justice. Considering the facts, it is obvious that there is a broad interpretation of regulations regarding the free movement of workers in terms of employing foreign citizens (citizens of EU member states) in public/state services or administration, which is done unknowingly or is due to the existing legislation not in harmony with the practice and directives of the Euro- pean Court of Justice.
Ključne riječi
Court of Justice of the European Union; free movement of workers; public service; Croatian legislation; labour rights
Hrčak ID:
131227
URI
Datum izdavanja:
30.8.2014.
Posjeta: 1.763 *