SOCIAL: Dumping, European Social Deharmonization and International Private Law: European Disunion

This reflection aims to make an analysis and a critical assessment of the development in the experimented regulations as for as the socio-laboral aspects in the international transport by road is concerned, and its assignment in the material area of the private international law. In particular, the analysis will be focused on the study of the social dumping practices, migrant workers employed, posting of workers in the European Union, fraud situations and abusive situations in this area, and the free movement of workers. In a certain way, it is expected to analyze whether aforesaid practices and the attitude of inaction of the European institutions has any practical event as far as the fragmentation of European market, and in the legal unilateral measures taken by member states (as the French Loi Macron). In particular, the research will focus on analyzing the interaction between normative blocks, the Regulation 561/2006 (EU) on the harmonization of certain social legislation relating road transport, the Regulations (EU) 1071, 1072 on common rules for access to the international road haulage market and common rules concerning the conditions to be complied with to pursue occupation of road transport operator, the Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and the Directive 2014/67/EU on administrative cooperation through the Internal Market Information (The IMI Regulation), the Regulation 593/2008 (EU) on the law applicable to contractual obligations (Rome I), and the qualification problems of the cabotaje transport by road. From the operators sector's point of view, it will tackle that when the aim of the legal security is achieving or on the contrary the absence of the compatibility of the rules between those deserve rules finishes producing doubts that harm all the interests of the present cast.