At the recent hearings at the European Parliament with the designated Commissioners László Andor – for DG Emploment and Social Affairs – and Michel Barnier – for DG Internal Market and Financial Services – several questions were related to the implications of the judgments in the European Court of Justice: Laval, Viking, Rüffert and Luxembourg. László Andor agreed with the question from MEP Alejandro Cercas, that the fundamental problems were related to the interpretation of the Posting of Workers Directive. This means that Mr Andor goes one step further than what the retiring Commissioner Vladimir Spidla has said, referring only to the problems of the implementation of the Directive. Mr Andor said that a social impact assessment will be done of the Posting of Workers Directive, which is normally the first step before an initiative of legislation is taken. Also Michel Barnier received several questions related to the ECJ judgments, and he “indicated his readiness to proceed to an open evaluation of the open questions around the posting of workers, in light of the recent case law.” Mr Barnier said also on this issue: “My name shall not be connected to anything that leads to a social regression. The Internal Market shall be an instrument for human progression”. This statement invalidates the so called Pandora’s Box argument, according to which the outcome of an opening up of the Posting of Workers Directive could lead to a social regression.
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