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Posting Post Laval International and National Responses

Author

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  • Malmberg, Jonas

    (Uppsala Center for Labor Studies)

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.

Suggested Citation

  • Malmberg, Jonas, 2010. "Posting Post Laval International and National Responses," Working Paper Series, Center for Labor Studies 2010:5, Uppsala University, Department of Economics.
    • Handle: RePEc:hhs:uulswp:2010_005
    as

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    File URL: http://www.ucls.nek.uu.se/digitalAssets/136/136458_20105.pdf
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    References listed on IDEAS

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    1. Torberg Falch & Sofia Sandgren Massih, 2012. "The Effect of Early Cognitive Ability on Earnings Over the Life-Cycle," LABOUR, CEIS, vol. 26(3), pages 287-312, September.
    2. 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.
    3. Scharpf, Fritz W., 2010. "Community and autonomy: Institutions, policies and legitimacy in multilevel Europe," Schriften aus dem Max-Planck-Institut für Gesellschaftsforschung Köln, Max Planck Institute for the Study of Societies, volume 68, number 68.
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    Cited by:

    1. Seikel, Daniel, 2014. "Nationale Anpassungsstrategien an das Fallrecht des Europäischen Gerichtshofes: Europäisierung durch Richterrecht und innenpolitische Veto-Positionen," WSI Working Papers 189, The Institute of Economic and Social Research (WSI), Hans Böckler Foundation.
    2. repec:aia:aiaswp:wp118 is not listed on IDEAS

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    More about this item

    Keywords

    Posting of Workers; Free movement of services; Laval; Collective action; negative integration; multi-level governance; social dumping;
    All these keywords.

    JEL classification:

    • J80 - Labor and Demographic Economics - - Labor Standards - - - General

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