Servizi, Solidarietà e Mercato in Europa.

Abstract

This research has been inspired from the interconnection between employment /labor law issues and the EU rules governing circulation of services and the cross-borders market thereof. Such subjects are widely debated during European summits, symbolizing an unsettled tension between droit sociale and market economies. Accordingly, they are highly controversial and multi-faceted. This thesis focus on two main aspects of the above-mentioned subjects, a dynamic one (circulation and access to social services) and a static one (competition and derogation regime for the operation of services of general economic interest, pursuant to Article 106.2 TFEU). Given to the scarcity of specific statutory provisions, the Author has attempted to outline a more complete, defined and certain legal framework through a deep study of the acts of EU Institutions and the (often) self-contradictory case law of the Court of Justice of the European Communities . Affirmation of the rights of citizenship - rather than economic freedoms or fair competition - has been the point of reference of this research. The expediency of adopting a European general Act on the legal basis of 14.1 TFEU has been assessed, also trying to indicate the most effective type of act (directive, regulation) in order to counter an unbalanced application of market rules, enhanced by the current ambiguity of regulation: this in order to preserve the European Social Model, its existence being dependant (also) upon an appropriate body of social services.