Mobility of Port Workers (Stevedores) in the European Union Cover Image

Mobilność pracowników portowych (sztauerów) w Unii Europejskiej
Mobility of Port Workers (Stevedores) in the European Union

Author(s): Magdalena Adamowicz
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: freedom to provide services; carrying out port activities; dockers; arrangements for the recognition of dockers; safety in port areas; proportionality.

Summary/Abstract: The article is devoted to the application of restrictions on freedom of establishment in the EuropeanUnion due to the need to ensure safety for port workers. The key legal problem was to determinewhether the restrictions imposed by the state were adequate and necessary to achievethe goal of the protected public interest. The main purpose was to conduct a proportionalitytest of restrictions on EU freedom of establishment justified by the safety of port workers and toassess the necessity of the restrictions adopted. The analysis led to a conclusion in line with thejudgment of the Court of Justice. It concluded that limiting access to port work only to recognizeddockers is an acceptable restriction of the EU freedom of establishment if its purpose is toguarantee safety in port areas and prevent accidents at work.

  • Issue Year: 3/2022
  • Issue No: 55
  • Page Range: 191-204
  • Page Count: 14
  • Language: Polish