THE TRANS-ATLANTIC TRADE AND INVESTMENT PARTNERSHIP AND SOCIAL RIGHTS: WHAT KIND OF HARMONISATION?

The present work focuses on the negotiations of the Trans-Atlantic Trade and Investment Partnership (henceforth TTIP) between the USA and the EU and its impact on the protection of social rights in Europe. In particular, the paper highlights the potential threats to the Marshallian paradigm of social rights in Europe arising from the TTIP, having regard to industrial relations and employment law. In fact, historically and legally speaking the EU Member States and the USA greatly differ from each other when protecting labour. In addition, in the field of labour justice the introduction of an Investor-State Dispute Settlement (ISDS) could jeopardise national sovereignty within labour issues, being possible that a multinational corporation submits a claim to international arbitration because of State action in the social field. In order to avoid a downward harmonisation, the work concludes by exploring the introduction of a labour chapter in the TTIP and its related “tools” (binding social clause, the respect of ILO conventions and TFUE provisions on EU external action).