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Posting Post Laval International and National Responses

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  • Malmberg, Jonas

    ()
    (Uppsala Center for Labor Studies)

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    Abstract

    There is on ongoing debate on how European labour law should best be described and understood. According to one view national and EU labour law should not be regarded as two separate legal systems. Instead this view stresses the symbiosis of national labour law systems and EC labour law. This view also emphasis a sociological approach to EC labour law: an approach which looks beyond the vertical interaction between Member States and EC institutions. The role of different actors, processes and outcomes at both European and national are equally important for understanding how labour law is shaped. The story of the Posting of Workers Directive (96/71/EC), the Laval, Rüffert and Commission vs. Luxemburg-cases and their aftermath lends itself perfectly for such a multi-level governance approach. The aim of this article is to analyse the legal responses on the case law of the EU-Court, both at European level and at national level in the Nordic Countries.

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    File URL: http://www.ucls.nek.uu.se/digitalAssets/136/136458_20105.pdf
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    Bibliographic Info

    Paper provided by Uppsala University, Department of Economics in its series Working Paper Series, Center for Labor Studies with number 2010:5.

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    Length: 29 pages
    Date of creation: 30 Jun 2010
    Date of revision:
    Handle: RePEc:hhs:uulswp:2010_005

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    Postal: Department of Economics, Uppsala University, P. O. Box 513, SE-751 20 Uppsala, Sweden
    Phone: + 46 18 471 25 00
    Fax: + 46 18 471 14 78
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    Web page: http://www.nek.uu.se/
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    Related research

    Keywords: Posting of Workers; Free movement of services; Laval; Collective action; negative integration; multi-level governance; social dumping;

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    1. Ek Susanne & Holmlund Bertil, 2010. "Family Job Search, Wage Bargaining, and Optimal Unemployment Insurance," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 10(1), pages 1-27, May.
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