Hungarian Yearbook of International Law and European Law

Miscellaneous

Whose Interests to Protect?

Judgments in the Annulment Cases Concerning the Amendment of the Posting Directive

Keywords posting of workers, freedom to provide services, posting directive, remuneration of posted workers, private international law
Authors Gábor Kártyás
Author's information

Gábor Kártyás
Gábor Kártyás: associate professor of law, Pázmány Péter Catholic University, Budapest.
  • Abstract

      The directive 96/71/EC on the posting of workers had been in force for over 20 years when its first amendment (Directive 2018/957) came into force on 30 July 2020. The Hungarian and Polish Governments initiated annulment proceedings against the new measure, primarily arguing that as the amendment extended the host state’s labor standards ó to posted workers, the directive is no longer compatible with the freedom to provide services (Cases C-620/18 and C-626/18). Although both claims were rejected, the actions contain a number of noteworthy legal arguments (from the perspective of home States), which highlight some of the long-known contradictions of EU legislation on postings. The article summarizes the CJEU’s key observations made in the judgments, which are important propositions for further discussion.

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