Clash of rights: free movement vs fundamental rights – a case study on collective employment rights

Eleni Frantziou

Chapter 3 in Dilemmas of EU Free Movement Law, 2026, pp 39-59 from Edward Elgar Publishing

Abstract: This chapter places the clash between free movement and fundamental rights in the context of the CJEU's rulings in Viking and Laval, where fundamental rights and market freedoms were balanced as part of the EU's at once economic and social purpose. The chapter traces the evolution of Viking/Laval reasoning within contemporary case law on collective employment rights under the Charter. The analysis shows that, albeit nuanced in recent years, the case law maintains key features of the balancing approach, which often results in privileging economic considerations over rights. Today, however, the clash has moved beyond the binary of fundamental rights vs market freedoms to comprise internal hierarchies within EU fundamental rights law, which prevent collective employment rights from emerging as self-standing priorities. The chapter invites a clearer explication of the status of fundamental rights through both CJEU case law development and Treaty revision.

Keywords: Charter of Fundamental Rights; Right to collective bargaining and action; Right to strike; Right to information and consultation within the undertaking; Freedom to Conduct a Business (search for similar items in EconPapers)
Date: 2026
ISBN: 9781839107825
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