Scandinavian Working Papers in Economics

Working Paper Series, Center for Labor Studies,
Uppsala University, Department of Economics

No 2010:5: Posting Post Laval International and National Responses

Jonas Malmberg ()
Additional contact information
Jonas Malmberg: Uppsala Center for Labor Studies, Postal: Department of Economics, Uppsala University, P.O. Box 513, SE-751 20 Uppsala, Sweden

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.

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

JEL-codes: J80

29 pages, June 30, 2010

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