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Posting Post Laval International and National Responses

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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
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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. 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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    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.

    More about this item

    Keywords

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

    JEL classification:

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

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