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The Hungarian government is questioning the amendments to the EU directive on the posting of workers and appealed to the Court of Justice of the European Union, reports the Hungarian National Information Service.

Information about the complaint to the Court was forwarded by the Chancellery of the Prime Minister of Hungary, who stressed that the new provisions published on July 9, disproportionately restrict the freedom to provide services in the European Union.

Extending the principle of the same pay for the same work in the same place is not intended to protect employees posted to another country, but is a protectionist tool that could potentially push some Member States out of the Western markets. In this way, the Hungarian government justifies the submission of a lawsuit against the directive.

The Hungarians also alleged that the European Commission maintained its proposal to amend the posting directive, despite the fact that fourteen chambers of national parliaments from the Member States, including Hungary, were against it.

Hungary has considered it unacceptable to extend the provisions on the posting to international road transport because this area is characterized by a high degree of mobility,” the Prime Minister’s Chancellery said in a statement.

In addition, Hungary and Poland issued a joint statement maintaining that the adopted rules are in no way balanced.

Orban believes in the annulment of the directive

According to the government of Viktor Orban, the final text of the directive is even more unfavorable for companies from Central and Eastern Europe than the original draft of the European Commission.

In his complaint, the Hungarian cabinet argues that the amendment to the posted workers directive was incompatible with the principles of necessity and proportionality. On the other hand, it imposed obligations and restrictions in violation of the requirement of non-discrimination. Budapest also emphasizes that some provisions of the contested directive violate the principles of legal certainty, which would pose a serious challenge for the Member States when implementing the directive into national law.

Restrictions on basic freedoms may lead to the collapse of the unity of the internal market, which is the basis of European integration,” argues the Hungarian government.

Recall that the amended regulations on the posting of workers must be adopted and published by the EU countries by 30 July 2020.

The Orban government is convinced that the European Court of Justice will annul the contested directive by 2020.

Photo: The Court of Justice of the European Union


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