IDEAS home Printed from https://ideas.repec.org/a/bla/jcmkts/v48y2010i5p1307-1327.html
   My bibliography  Save this article

Service Liberalization in the Enlarged EU: A Race to the Bottom or the Emergence of Transnational Political Conflict?

Author

Listed:
  • NICOLE LINDSTROM

Abstract

Concerns that eastward enlargement will spur a race to the bottom in wages and social protection figured prominently in two cases before the ECJ: Laval and Viking. Each case considered whether industrial action to uphold collective bargaining agreements violate single market laws. Government observations divided between old and new Member States, with the former supporting the unions' position and the latter the employers'. With the ECJ ultimately ruling with the employers and against the expressed preferences of most old Member States and unions, the rulings furthered the cause of liberalization in the enlarged EU, but also mobilized political opposition.

Suggested Citation

  • Nicole Lindstrom, 2010. "Service Liberalization in the Enlarged EU: A Race to the Bottom or the Emergence of Transnational Political Conflict?," Journal of Common Market Studies, Wiley Blackwell, vol. 48(5), pages 1307-1327, November.
    • Handle: RePEc:bla:jcmkts:v:48:y:2010:i:5:p:1307-1327
    DOI: 10.1111/j.1468-5965.2010.02114.x
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/j.1468-5965.2010.02114.x
    Download Restriction: no
    File URL: https://libkey.io/10.1111/j.1468-5965.2010.02114.x?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Scharpf, Fritz W., 2002. "The European Social Model: Coping with the challenges of diversity," MPIfG Working Paper 02/8, Max Planck Institute for the Study of Societies.
    2. Hyman, Richard, 2005. "Trade unions and the politics of the European social model," LSE Research Online Documents on Economics 753, London School of Economics and Political Science, LSE Library.
    3. Caporaso, James A. & Tarrow, Sidney, 2009. "Polanyi in Brussels: Supranational Institutions and the Transnational Embedding of Markets," International Organization, Cambridge University Press, vol. 63(4), pages 593-620, October.
    4. Ray Barrell & John Fitzgerald & Rebecca Riley, 2010. "EU Enlargement and Migration: Assessing the Macroeconomic Impacts," Journal of Common Market Studies, Wiley Blackwell, vol. 48(2), pages 373-395, March.
    5. Pollack, Mark A., 2003. "The Engines of European Integration: Delegation, Agency, and Agenda Setting in the EU," OUP Catalogue, Oxford University Press, number 9780199251179.
    6. Garrett, Geoffrey & Kelemen, R. Daniel & Schulz, Heiner, 1998. "The European Court of Justice, National Governments, and Legal Integration in the European Union," International Organization, Cambridge University Press, vol. 52(1), pages 149-176, January.
    7. Mattli, Walter & Slaughter, Anne-Marie, 1995. "Law and politics in the European Union: a reply to Garrett," International Organization, Cambridge University Press, vol. 49(01), pages 183-190, December.
    8. Carrubba, Clifford J. & Gabel, Matthew & Hankla, Charles, 2008. "Judicial Behavior under Political Constraints: Evidence from the European Court of Justice," American Political Science Review, Cambridge University Press, vol. 102(4), pages 435-452, November.
    9. Ray Barrell & John Fitzgerald & Rebecca Riley, 2010. "EU Enlargement and Migration: Assessing the Macroeconomic Impacts," Journal of Common Market Studies, Wiley Blackwell, vol. 48(2), pages 373-395, March.
    10. Deborah Mabbett, 2005. "The Development of Rights‐based Social Policy in the European Union: The Example of Disability Rights," Journal of Common Market Studies, Wiley Blackwell, vol. 43(1), pages 97-120, March.
    11. Fritz W. Scharpf, 2002. "The European Social Model," Journal of Common Market Studies, Wiley Blackwell, vol. 40(4), pages 645-670, November.
    12. Alter, Karen J., 1998. "Who Are the “Masters of the Treaty†?: European Governments and the European Court of Justice," International Organization, Cambridge University Press, vol. 52(1), pages 121-147, January.
    13. Burley, Anne-Marie & Mattli, Walter, 1993. "Europe Before the Court: A Political Theory of Legal Integration," International Organization, Cambridge University Press, vol. 47(1), pages 41-76, January.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Amandine Crespy & Georg Menz, 2015. "Commission Entrepreneurship and the Debasing of Social Europe Before and After the Eurocrisis," Journal of Common Market Studies, Wiley Blackwell, vol. 53(4), pages 753-768, July.
    2. Milena Kern & Jörg Paetzold & Hannes Winner, 2021. "Cutting red tape for trade in services," The World Economy, Wiley Blackwell, vol. 44(10), pages 2858-2886, October.
    3. Höpner, Martin & Schäfer, Armin, 2012. "Integration among unequals: How the heterogeneity of European varieties of capitalism shapes the social and democratic potential of the EU," MPIfG Discussion Paper 12/5, Max Planck Institute for the Study of Societies.
    4. Theodoros PAPADOPOULOS & Antonios ROUMPAKIS, 2013. "The meta-regulation of European industrial relations: Power shifts, institutional dynamics and the emergence of regulatory competition," International Labour Review, International Labour Organization, vol. 152(2), pages 255-274, June.
    5. Höpner, Martin, 2014. "Wie der Europäische Gerichtshof und die Kommission Liberalisierung durchsetzen: Befunde aus der MPIfG-Forschungsgruppe zur Politischen Ökonomie der europäischen Integration," MPIfG Discussion Paper 14/8, Max Planck Institute for the Study of Societies.
    6. Amandine Crespy & Katarzyna Gajewska, 2010. "New Parliament, New Cleavages after the Eastern Enlargement? The Conflict over the Services Directive as an Opposition between the Liberals and the Regulators," Journal of Common Market Studies, Wiley Blackwell, vol. 48(5), pages 1185-1208, November.
    7. Magdalena Bernaciak, 2016. "Polish trade unions and social dumping debates," Transfer: European Review of Labour and Research, , vol. 22(4), pages 505-519, November.
    8. Amandine Crespy & Katarzyna Gajewska, 2010. "New Parliament, New Cleavages after the Eastern Enlargement? The Conflict over the Services Directive as an Opposition between the Liberals and the Regulators," Journal of Common Market Studies, Wiley Blackwell, vol. 48, pages 1185-1208, November.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Nicole Lindstrom, 2010. "Service Liberalization in the Enlarged EU: A Race to the Bottom or the Emergence of Transnational Political Conflict?," Journal of Common Market Studies, Wiley Blackwell, vol. 48, pages 1307-1327, November.
    2. Andreas Grimmel, 2011. "Integration and the Context of Law: Why the European Court of Justice is not a Political Actor," Les Cahiers européens de Sciences Po 3, Centre d'études européennes (CEE) at Sciences Po, Paris.
    3. Grimmel, Andreas, 2011. "Politics in robes? The European Court of Justice and the myth of judicial activism," Discussion Papers 2/11, Europa-Kolleg Hamburg, Institute for European Integration.
    4. Dederke, Julian, 2014. "Bahnliberalisierung in der Europäischen Union: Die Rolle des EuGH als politischer und politisch restringierter Akteur bei der Transformation staatsnaher Sektoren," PIPE - Papers on International Political Economy 20/2014, Free University Berlin, Center for International Political Economy, revised 2014.
    5. Carsten Hefeker & Michael Neugart, 2016. "Policy deviations, uncertainty, and the European Court of Justice," European Journal of Law and Economics, Springer, vol. 42(3), pages 547-567, December.
    6. José Luis Castro-Montero & Edwin Alblas & Arthur Dyevre & Nicolas Lampach, 2018. "The Court of Justice and treaty revision: A case of strategic leniency?," European Union Politics, , vol. 19(4), pages 570-596, December.
    7. Susanne K. Schmidt, 2000. "Only an Agenda Setter?," European Union Politics, , vol. 1(1), pages 37-61, February.
    8. Mark A. Pollack, 2007. "The New Institutionalisms and European Integration," The Constitutionalism Web-Papers p0031, University of Hamburg, Faculty for Economics and Social Sciences, Department of Social Sciences, Institute of Political Science.
    9. Tridimas, George & Tridimas, Takis, 2004. "National courts and the European Court of Justice: a public choice analysis of the preliminary reference procedure," International Review of Law and Economics, Elsevier, vol. 24(2), pages 125-145, June.
    10. Darren Hawkins & Wade Jacoby, 2008. "Agent permeability, principal delegation and the European Court of Human Rights," The Review of International Organizations, Springer, vol. 3(1), pages 1-28, March.
    11. Clifford J. Carrubba, 2003. "The European Court of Justice, Democracy, and Enlargement," European Union Politics, , vol. 4(1), pages 75-100, March.
    12. Keith Dowding, 2000. "Institutionalist Research on the European Union," European Union Politics, , vol. 1(1), pages 125-144, February.
    13. Clifford J. Carrubba & Matthew Gabel, 2005. "Do Governments Sway European Court of Justice Decision-making?: Evidence from Government Court Briefs," Working Papers 2005-06, University of Kentucky, Institute for Federalism and Intergovernmental Relations.
    14. Höpner, Martin & Schäfer, Armin, 2007. "A New Phase of European Integration: Organized Capitalisms in Post-Ricardian Europe," MPIfG Discussion Paper 07/4, Max Planck Institute for the Study of Societies.
    15. Martijn Mos, 2014. "Of Gay Rights and Christmas Ornaments: The Political History of Sexual Orientation Non-discrimination in the Treaty of Amsterdam," Journal of Common Market Studies, Wiley Blackwell, vol. 52(3), pages 632-649, May.
    16. Ninke Mussche & Dries Lens, 2018. "The EU Free Movement of Services and the growing mobility of Third-Country Nationals as posted workers," Working Papers 1813, Herman Deleeck Centre for Social Policy, University of Antwerp.
    17. Brooks, Eleanor, 2012. "Crossing borders: A critical review of the role of the European Court of Justice in EU health policy," Health Policy, Elsevier, vol. 105(1), pages 33-37.
    18. Höpner, Martin & Schäfer, Armin, 2012. "Integration among unequals: How the heterogeneity of European varieties of capitalism shapes the social and democratic potential of the EU," MPIfG Discussion Paper 12/5, Max Planck Institute for the Study of Societies.
    19. Passalacqua Virginia, 2022. "Who Mobilizes the Court? Migrant Rights Defenders Before the Court of Justice of the EU," The Law and Development Review, De Gruyter, vol. 15(2), pages 381-405, June.
    20. Christian Adam & Michael W. Bauer & Miriam Hartlapp, 2015. "It's Not Always about Winning: Domestic Politics and Legal Success in EU Annulment Litigation," Journal of Common Market Studies, Wiley Blackwell, vol. 53(2), pages 185-200, March.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:jcmkts:v:48:y:2010:i:5:p:1307-1327. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: http://www.blackwellpublishing.com/journal.asp?ref=0021-9886 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.