CMR Lecture of September 2008 (Lezing)
Recently the European Court of Justice has given its judgment in two partially comparable cases (Laval and Viking)concerning the collision between a fundamental right and a fundamental freedom.
The basis is a conflict of interests between the use of the freedom to provide services or the freedom of establishment on the one hand and the prevention of social dumping, both from the viewpoint of domestic workers as well as the protection of (foreign) workers from discrimination, on the other hand.
The Viking case will be discussed where relevant as there is considerable overlap in the questions referred and the rulings of the Court. I will discuss three important issues which are raised in the Laval case against the background of a possible conflict between social dialogue and fundamental freedoms.