Κατεύθυνση Εργατικό Δίκαιο
Library of the School of Law

2017-04-05

2017

Sotiropoulou Angeliki

Κωνσταντίνος Παπαδημητρίου, Καθηγητής, Νομική Σχολή, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών

Η απόσπαση εργαζομένων στην Ευρωπαϊκή Ένωση στο πλαίσιο παροχής υπηρεσιών- Η Οδηγία εφαρμογής 2014/67/ΕΕ και προτάσεις για τη μεταφορά της στην ελληνική έννομη τάξη

Greek

The posting of workers in the European Union in the framework of the provision of services- The Enforcement Directive 2014/67/EU and proposals for its transposition in the Greek legal system

The present dissertation, which has been carried out during the Labour Law LLM of the Law School of Athens, focuses on the subject of the posting of workers in the European Union in the framework of the provision of services. The first part is about the fundamental economic freedoms in the European Union, the posting of workers regime and the law applicable in the employment relation of posted workers before the issuing of the Directive 96/71/EC. Moreover, it presents the Directive 96/71/EC, the jurisprudence of the ECJ and the Presidential Decree 219/2000 by which the European Directive was transposed in Greece. The second part of the paper includes a review of the Directive 96/71/EC especially after the decisions of the ECJ concerning the conflict on the prevalence between the fundamental economic freedoms of the EU and the fundamental social rights. A presentation of the problems related to the posting follows and an overview of the discussion about the amendment of the Directive 96/71/EC, which resulted in the European Committee’s proposal for the improvement and enhancement of the implementation of the Directive 96/71/EC but not for its amendment. In addition, a detailed presentation of the provisions of the Enforcement Directive 2014/67/EU, which has as main objectives to ensure better and more uniform application of Directive 96/71/EC and to fight and sanction circumventions, fraud and abuses relating to the posting of workers, follows as well as a critique of the Enforcement Directive and specific proposals for its transposition in the Greek legal system.

Law and Legislation

Posting of workers, European Union, Fundamental economic freedoms, Enforcement Directive 2014/67/EE

Yes

3

Yes

139

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https://pergamos.lib.uoa.gr/uoa/dl/object/1449604