Table of Contents

Before and After the Economic Crisis

Before and After the Economic Crisis

What Implications for the ‘European Social Model’?

Edited by Marie-Ange Moreau

This timely book casts new light on the key issues arising from the contentious debate around the future of the European Social Model. The book brings together leading experts to provide a thorough and well-informed response to the recent developments in European social and labour law and policy, in the light of institutional changes. The contributors provide unique insights as they evaluate the impact of the enlargement processes, the implications of the Lisbon treaty, the integration of the Charter into EU law – and, crucially, the consequences of the economic crisis.

Chapter 2: Posting Post-Laval: Nordic Responses

Jonas Malmberg

Subjects: law - academic, european law, labour, employment law, law and society, social policy and sociology, comparative social policy, economics of social policy


Jonas Malmberg* INTRODUCTION1 One of Brian Bercusson’s theses was that national labour law and EU labour law should not be regarded as two separate legal systems. Instead he stressed the symbiosis between national labour law systems and EU labour law. He also emphasized a sociological approach to EU labour law: an approach which looks beyond the vertical interaction between Member States and EU institutions. The roles of different actors, processes and outcomes at both European and national level are all of equal importance for understanding how labour law is shaped.2 The story of the Posting of Workers Directive,3 the Laval case,4 the Rüffert case,5 the Commission vs. Luxembourg6 case and the Viking case7 (jointly referred to as the Laval-quartet) and their aftermath lends itself perfectly to such a multi-level governance approach. The aim of this chapter is to discuss the legal responses in the case law * The project is financed by the Swedish Council for Working Life and Social Research and the FORMULA-project, University of Oslo. For a longer version, see J. Malmberg (2010) ‘Posting Post Laval – International and National Responses’, Working Paper 5, Uppsala Center for Labour Studies, available at (accessed April 2011). 1 This chapter is partly based on a lecture given together with Professor Niklas Bruun at the Brian Bercusson Memorial Conference, at King’s College, London, 30 May 2009. This chapter was finalized in May 2010. 2 Bercusson (2009). 3 Directive 96/71/EC concerning the posting of workers in the framework...

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