Posted Workers Are Persons Too! Posting and the Constitutional Democratic Question of Fair Mobility in the European Union
Bibliographic record
Abstract
Abstract This chapter examines the question of fair mobility in the context of the law on posted workers in the EU. It revisits the well-worn discussion on posting, recounting the saga from Rush Portuguesa and Laval to the current Revised Posted Workers Directive 2018/957, as recently upheld by the Court of Justice in Hungary v. Parliament and Council, and proposes different terms for our legal arguments in relation to this contentious topic. It attempts to operationalize ‘fairness’ in a meaningful way, by reference to the overarching, basic common values of constitutionalism and democracy, and on that basis critically evaluates the current law. The central argument is that posted workers should be treated as migrant workers under EU free movement law and should thus have the right to equal treatment.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.007 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.004 | 0.020 |
| Scholarly communication | 0.007 | 0.005 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.004 | 0.003 |
| Insufficient payload (model declined to judge) | 0.006 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".