El desplazamiento transnacional de trabajadores tras el “nuevo” equilibrio instaurado por la Directiva (UE) 2018/957 (a propósito de las SSTJUE 8 diciembre 2020, asuntos C-620/18 y C-626/18)

Abstract

The posting of workers within the framework of transnational provision of services between Member States is a very present issue within the European Union. The most controversial issue has always been that of striking a balance between the freedom to provide services and conferring adequate protection to workers who are posted. The evolution experienced in recent years, especially on the occasion of the modifications operated by Directive (EU) 2018/957, shows an important change in the interpretation that the CJEU has been defending, showing a clear trend towards reinforcing the protection of these workers and thus guaranteeing the free provision of services under equitable conditions. The judgments of 8 December 2020 are a good example of this trend.