Stefano Costantini

On the Waterfront: Labour, Competition, Freedom to Provide Services

  • Abstract

Informations and abstract

Keywords: Dockers; Competition; Freedom to Provide Services.

The proposal for a regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports - Com(2013) 296 final, May 23rd 2013 - is oriented to increase the quality and the efficiency of European ports. The improvement of the quality and efficiency of port services should contribute to a more favourable climate to investments in ports and to a reduction of costs for transport users: this improvement should increase employment levels and quality in ports and logistical networks too. Principle of fair and open competition and freedom to provide services represent the legal basis of the proposal. The current regulation of Italian (labour) port market (Act No. 84 of 1994) isn't in compliance with these two principles: the legitimate of the monopoly of the agency of port temporary work is uncertain regarding the artt. 102 and 106 Tfue. The legal regulation of the unifying dockers collective agreement (Act No. 84 of 1994, Art. 17, Par. 13) contains a clause for minimum wages: a clause like the one declared by the Ecj (in the Rüffert Case) illegitimate in opposition to the principle of freedom to provide services.

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