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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 14: How the European Court of Human Rights Gave us Enerji to Cope with Laval and Viking

Filip Dorssemont

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


Filip Dorssemont INTRODUCTION The Life of Brian: In Search of a Right to Strike In the autumn of 2008, the European Trade Union Institute and the Expert group on Transnational Trade Union Rights took the decision to honour the memory of the late Brian Bercusson by editing a book containing his selected writings on Labour Law and Social Europe.1 Brian had founded this expert group in 19992 and chaired it for nearly a decade until his death in the summer of 2008. His selected writings consolidate and disseminate an important part of his academic legacy. Brian’s way to animate and inspire the debate and his generous inability to say ‘no’ to those seeking for advice and academic co-operation corroborated his natural and invisible authority to chair this group. Though the selected writings cover a wide range of issues, it is interesting to consider3 that the oldest as well as the most recent contributions dwell on Brian’s discomfort with the case law restricting the right to take collective action. In ‘One Hundred Years of Conspiracy and Protection of Property: Time for Change’ (1977)4 the author criticised a decision of the Unknown editor (2009). The expert group at present is composed of Th. Blanke, N. Bruun (chair), S. Deakin, F. Dorssemont, A.T.J.M. Jacobs, C Kollonay-Lehoczky, K. Lörcher, B. Veneziani and C. Vigneau. It has been assisted by two researchers of the ETUI: S. Clauwaert (1996–2002) and I. Schömann (2002–present). Shortly after Brian Bercusson passed away, the group...

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