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Edited by: Mark Arnold KC, Simon Mortimore KC
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The Laval and Viking Cases: Freedom of Services and Establishment v. Industrial Conflict in the European Economic Area and Russia


ISBN13: 9789041128508
Published: February 2009
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Paperback
Price: £145.00



Despatched in 11 to 13 days.

Two recent decisions of the European Court of Justice – Laval and Viking Line – have ignited a politically explosive controversy over the role of collective labour actions in the European industrial market. Far from settling a long-standing contentious issue, it appears that the Court has brought opposing interests into sharper conflict, in the process also exacerbating tensions between ‘old’ and ‘new’ Member States.

Although the ultimate impact of the two decisions on national labour law regimes is unpredictable, the need for a summing-up of trends so far is clearly advantageous to all concerned parties. To this end, in this book nineteen labour law scholars present country reports detailing challenges and consequences of the rulings evident in twelve EU Member States, as well as in Norway and Russia.

Among many others, the salient issues covered include the following:-

  • cross-border solidarity among workers;
  • collective action as a fundamental freedom;
  • the prospects for an EU minimum wage plan;
  • the ‘social partners’ approach to national labour law;
  • the harmonisation of social security standards; and
  • the scope of enforcement by Member State labour regulatory authorities.
The authors recognize that, in the interest of a unified European market, it is of prime concern to create a structured balance between the rights of employers to freely move their business entities and services and the rights of workers and their representative organizations to undertake actions protecting common work interests. The studies in this book allow lawyers, academics and policymakers to evaluate the degree to which this objective has been furthered or constrained by these two landmark cases, and to assess the direction in which national Member State labour law is moving as a result.

Subjects:
Employment Law

Series: Bulletin of Comparative Labour Relations

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ISBN 9789041128669
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New Developments in Employment Discrimination Law ISBN 9789041127822
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Women in Academia and Equality law: Aiming High - Falling Short
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ISBN 9789041124272
Published March 2006
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£144.00
Freedom of Services in the European Union: Labour and Social Security Law: The Bolkestein Initiative
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ISBN 9789041124531
Published March 2006
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£162.00
Labour Relations in the Asia-Pacific Countries
ISBN 9789041122391
Published September 2003
Kluwer Law International
£137.00
Employee Rights in Bankruptcy
ISBN 9789041119421
Published October 2002
Kluwer Law International
£99.00
The Impact of the Internet and New Technologies on the Workplace ISBN 9789041118240
Published July 2002
Kluwer Law International
£140.00
Involvement of Employees in the European Union
ISBN 9789041117601
Published March 2002
Kluwer Law International
£197.00
On-line Rights for Employees in the Information Society ISBN 9789041116260
Published February 2002
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£197.00
The Evolving Employment Relationship and the New Economy
ISBN 9789041116918
Published November 2001
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£197.00
The Council of Europe and the Social Challenges of the XXIst Century
ISBN 9789041115430
Published March 2001
Kluwer Law International
£204.00
Deregulation and Labour Law
ISBN 9789041113702
Published June 2000
Kluwer Law International
£110.00
Multinational Enterprises and the Social Challenges of the XXIst Century
ISBN 9789041112804
Published December 1999
Kluwer Law International
£201.00
The Process of Industrialization and the Role of Labor Law in Asian Countries
ISBN 9789041110473
Published April 1999
Kluwer Law International
£102.00
Labour Law and Industrial Relations in the European Union ISBN 9789041105271
Published March 1998
Kluwer Law International
£195.00
Employment Protection Under Strain ISBN 9789041105288
Published March 1998
Kluwer Law International
£135.00
The Harmonization of Working Life and Family Life
ISBN 9789041100641
Published June 1997
Kluwer Law International
£130.00
Labour Law and Industrial Relations in Central and Eastern Europe
ISBN 9789041102980
Published January 1997
Kluwer Law International
£164.00
Industrial Relations in Small and Medium-Sized Enterprises
ISBN 9789065446961
Published July 1995
Kluwer Law International
£144.00
Workers' Participation
ISBN 9789065446008
Published July 1994
Kluwer Law International
£173.00
Employee Rights and Industrial Justice
ISBN 9789065448040
Published June 1994
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£151.00