Diritto al lavoro e libertà di stabilimento: quale è il pilastro e quale il basamento?

The AGET Iraklis case, C-201/2015 of 21 December 2016, was an opportunity for the Court of Justice of the European Union to confirm its point of view on balancing of social rights and economic freedoms. In fact, according to the Court, European Union law does not prevent a Member State from opposing, in certain circumstances, collective redundancies in the interests of worker protection and employment. However, according to the Luxembourg Judges, in such national legislation the legal criteria which the competent authority must apply to oppose a collective redundancy plan cannot be formulated in a generic and imprecise manner. The contrast between social rights and economic freedoms is again the core of a complex and problematic exegetic pathway.