Laval's Regulatory Conundrum: Collective Standard-Setting and the Court's New Approach to Posted Workers
European Law Review, Vol. 34, No. 6, pp. 844-865, 2009
15 Pages Posted: 18 Dec 2009
Date Written: December 17, 2009
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.
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