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CJEU adviser proposes dismissal of actions to annul posted workers directive

A top adviser of the Court of Justice of the European Union (CJEU) on Thursday proposed the court should dismiss actions for annulment brought by Hungary and Poland against an EU directive that aims to give posted workers employment conditions that are similar to those in the host member states in which they are working, state news wire MTI reports.

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The opinion, delivered by Advocate General Manuel Campos Sanchez-Bordona, does not bind the court.

Sanchez-Bordona argued that the amended directive was adopted "using an appropriate legal basis"; that the directive "simply coordinates the application of the concurrent employment legislation of the host State and State of origin, and does not, under any circumstances, set the level of wages to be paid, which comes within the competence of the Member States"; and that the directive is in compliance with the principle of proportionality "without manifestly exceeding its broad discretion in the area of regulating the transnational posting of workers".

The advocate general also rejected Hungaryʼs argument that the directive refers to future legislation that would infringe on provisions in the Treaty on the Functioning of the EU relating to the application of the principle of the free movement of services in the transport sector.

After the opinion was delivered, Hungaryʼs Justice Minister Judit Varga told MTI that the government trusts the CJEU will annul the directive which she said has "protectionist intentions".

"Hungary has been opposed to the amendment of the posted workers directive from the start, because its real purpose is not to protect workers but to squeeze service providers from Central and Eastern Europe out of the Western European markets," she said.