La reforma del trabajo en la estiba por la Unión Europea en el caso español, entre el efecto directo y la integración encubierta
Article 49 of the Treaty on the Functioning of the European Union sets the principle of freedom of establishment. Discrimination by reason of nationality between member States is not allowed in such scope of action. Based on that only rule, and without secondary European Law enacted, the European Un...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6551476 |
| Source: | Temas laborales: Revista andaluza de trabajo y bienestar social, ISSN 0213-0750, Nº 142, 2018, pags. 53-78 |
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| Summary: |
Article 49 of the Treaty on the Functioning of the European Union sets the principle of freedom of
establishment. Discrimination by reason of nationality between member States is not allowed in
such scope of action. Based on that only rule, and without secondary European Law enacted, the
European Union monitored a reform of the Spanish Port Law of 2011. That led to the overruling of
the procedure of enrolment for cargo-handling and its substitution by a new one, determined by the Commission. All was made through a ruling of the European Court of Justice which was finally
enforced by a state law (Decreto-ley). Notwithstanding this apparent simplicity, there were several normative and institutional mechanisms working through well-known methods of supranational integration. An analysis of those mechanisms is presented in the following pages. |
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