What Implications for the ‘European Social Model’?
Edited by Marie-Ange Moreau
Chapter 2: Posting Post-Laval: Nordic Responses
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 http://ucls.nek.uu.se/publications/Working_papers+2010/ (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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