EU ANTITRUST: HOT TOPICS & NEXT STEPS

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Prague, Czechia

the other hand, in order not to cause these actions, an important role is played by collective bargaining conducted between social partners, which may result in the adoption of legal regulations protecting the above-mentioned interests in the least conflict-prone manner (Ryszka, 2018). The new EU strategy, Europe 2020, compared to the Lisbon Strategy, marginalizes the importance of trade unions. Recommendations on labour market deregulation, labour law reform, increasing the flexibility of work organization, decentralization of collective bargaining, or the reform of social security contribute to the weakening of social models, of which trade unions are an important entity. The labour market in Poland is changing, which is manifested, inter alia , in the increasingly common part-time work, employment by temporary employment agencies, and the promotion of self-employment. Currently, the problem is the scale of non-standard forms of employment that deepen the wage differences, increase the level of social insecurity and, consequently, reduce welfare (European Trade Union Institute, 2012). Additionally, it should be borne in mind that the labour market is subject to constant, dynamic changes, and the so-called task work that results in a departure from typical full-time forms of employment. The current system of economic governance of the European Union with its mechanisms, sanctions and intensified coordination has led to a new European intervention in w​ age policy. This system changes the paradigm from accepting free collective bargaining to direct political interventionism in national collective bargaining processes. The economic situation affects the conduct and effects of social dialogue, and the crisis or economic slowdown are not conducive to concluding collective labour agreements more favourable than statutory regulations. In recent years, there has been a trend towards limiting the scope of benefits granted to employees, and the main goal of the negotiations is to maintain the level of employment by the unions (Stachowski, 2015, p. 132). It should be noted that the representation and collective defence of the interests of workers and employers fall under the competence of the EU pursuant to Art. 153 paras. 1 and 2 of the Treaty on the Functioning of the European Union. In its judgments C-348/05 Viking and C-341/05 Laval, the CJEU expressly stated for the first time that “the right to collective action should be recognized as a fundamental right which forms an integral part of the general principles of Community (now EU) law, compliance with which is ensured by the Court”. He further emphasized that it was not, however, absolute and could be subject to limitations, for example if it would interfere with the implementation of the freedoms of the internal market (in this case, respectively, the freedom of establishment and the freedom to provide services). Therefore, a strike action could only be undertaken if it would be justified by overriding reasons of public interest, such as the protection of employees. The Tribunal found no reason why

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