Laval's Regulatory Conundrum: Collective Standard-Setting and the Court's New Approach to Posted Workers

Abstract

This analysis considers the relationship between the Court of Justice's new approach to posted workers in the Laval line of cases and collective standard-setting in host-states. Drawing on important national examples, including ongoing UK industrial disputes, it argues that this examination reveals a regulatory conundrum: the impossibility of meaningful coexistence of the Court's new approach and collective standard-setting in host states for posted workers. It considers how to resolve this regulatory conundrum.