Bumpy roads of the posted Europe: Issues of principles of conferral of competences and subsidiarity in the light of the Posted Workers Directive of the European Parliament and of the Council 2018/957

Abstract

The aim of the study is to analyze if the subsidiarity principle in the context of the legal solutions introduced by the Directive of the European Parliament and of the Council 2018/957 amending Directive 96/71 concerning the posting of employees in the framework of the provision of services should be considered justified and proportionate. The arguments presented will show the opinion that the subsidiarity principle is one of the basic rules for conducting economic policy in the European Union. On this basis, it will be investigated whether policy powers should be delegated to the lowest possible level of government, close to the citizens concerned by the policy, unless there are undeniable benefits to running it at a higher level in closer policy coordination. It should be considered if the European Commission proposal pursues a purpose other than the declared one and thus, violates the principle of proportionality. It will be proved that smart and clear rules are needed that are adapted to the rapidly growing mobility of EU businesses and citizens, which will prevent the progressive loss of competitiveness of the EU market, while accelerating social convergence and preventing illegal activities affecting intra-EU migrant workers. The issues mentioned above and the conclusions may lead, according to the author, to the reflection on the importance of the fact that the division of competences between the Member States and the EU institutions is ultimately a political decision that arises in the context of a conflict of interest and indicates that economic analyses can only provide arguments for or against policy centralization. Furthermore, it should be noted that the integration is a dynamic process, and therefore, the results of the analysis regarding the justification for the application of the subsidiarity principle may lead to divergent assessments by the Member States, as the conditions of the functioning of economies are rapidly changing.