O nouă interpretare dată conceptului de "lucrător" de Curtea de Justiţie a Uniunii Europene

Lector univ. dr. Monica GHEORGHE

Facultatea de Drept

Universitatea "Lucian Blaga" din Sibiu

Abstract

The concept of "worker" has been defined over time by the Court of Justice of the European Union in the framework of the free movement that is recognized and granted to him, through a vast jurisprudence. The Court’s intervention was necessary because the lack of a unitary community meaning of the notion would have allowed the Member States to limit the field of application of the principle of free movement of persons and workforce by resorting to certain restrictive definitions or unilaterally altering the meaning of the terms.

The herein study analyzes a recent solution of the European court passed on the meaning of the notion of "worker" from the Article (1) of Directive 2008/104/EC on temporary agency work. The CJEU has extended in this field too, the definition given to the concept of "worker" in...