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Regulatory Competition in Europe after Laval

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  • Simon Deakin

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.

Suggested Citation

  • Simon Deakin, 2008. "Regulatory Competition in Europe after Laval," Working Papers wp364, Centre for Business Research, University of Cambridge.
  • Handle: RePEc:cbr:cbrwps:wp364
    Note: PRO-2
    as

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    File URL: https://www.cbr.cam.ac.uk/fileadmin/user_upload/centre-for-business-research/downloads/working-papers/wp364.pdf
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    References listed on IDEAS

    as
    1. E. Paul Durrenberger, 2005. "Labour," Chapters,in: A Handbook of Economic Anthropology, chapter 8 Edward Elgar Publishing.
    2. Becht, Marco & Mayer, Colin & Wagner, Hannes, 2006. "Where Do Firms Incorporate?," CEPR Discussion Papers 5875, C.E.P.R. Discussion Papers.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

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

    JEL classification:

    • J83 - Labor and Demographic Economics - - Labor Standards - - - Workers' Rights
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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    1. United Kingdom labour law in Wikipedia English ne '')
    2. Regulatory competition in Wikipedia English ne '')
    3. منافسة تنظيمية in Wikipedia Arabic ne '')
    4. International Transport Workers Federation v Viking Line ABP in Wikipedia English ne '')

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