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Regulatory Competition in Europe after Laval

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  • Simon Deakin
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    Abstract

    This paper considers the implications for regulatory competition of the recent judgment of the European Court of Justice in Laval. This case is potentially the most important decision on European labour law for a generation. The Court has greatly extended the scope for judicial review of state-level labour laws on the grounds that they restrict freedom of movement from one member state to another. It has also undermined the principle of the territorial effect of labour legislation and has given a strictly pre-emptive interpretation to social policy directives. The Laval judgment is, however, open to attack on a number of grounds. It fails to mount a coherent economic case for judicial intervention on the scale envisaged, and is, more generally, incompatible with the recent experimentalist or reflexive turn in European governance represented by the open method of coordination.

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    File URL: http://www.cbr.cam.ac.uk/pdf/WP364.pdf
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    Bibliographic Info

    Paper provided by ESRC Centre for Business Research in its series ESRC Centre for Business Research - Working Papers with number wp364.

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    Date of creation: Jun 2008
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    Handle: RePEc:cbr:cbrwps:wp364

    Note: PRO-2
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    Web page: http://www.cbr.cam.ac.uk/

    Related research

    Keywords: regulatory competition; experimentalism; labour law; free movement of workers; Laval case;

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    1. Becht, Marco & Mayer, Colin & Wagner, Hannes, 2006. "Where Do Firms Incorporate?," CEPR Discussion Papers 5875, C.E.P.R. Discussion Papers.
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    This item is featured on the following reading lists or Wikipedia pages:
    1. United Kingdom labour law in Wikipedia (English)
    2. International Transport Workers Federation v Viking Line ABP in Wikipedia (English)
    3. منافسة تنظيمية in Wikipedia (Arabic)
    4. Regulatory competition in Wikipedia (English)

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