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

See all articles by Claire Kilpatrick

Claire Kilpatrick

European University Institute - Department of Law (LAW); University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: December 17, 2009

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.

Suggested Citation

Kilpatrick, Claire, Laval's Regulatory Conundrum: Collective Standard-Setting and the Court's New Approach to Posted Workers (December 17, 2009). European Law Review, Vol. 34, No. 6, pp. 844-865, 2009, Available at SSRN: https://ssrn.com/abstract=1524666

Claire Kilpatrick (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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