Collective Labor Rights and the European Social Model

Law & Ethics of Human Rights, Vol. 3, No. 2, 2009

SOAS School of Law Research Paper No. 18/2010

47 Pages Posted: 3 Nov 2010

See all articles by Diamond Ashiagbor

Diamond Ashiagbor

University of Kent, Kent Law School; University of London - Institute of Advanced Legal Studies

Multiple version iconThere are 2 versions of this paper

Date Written: 2009

Abstract

This article explores the tension between competing discourses within the European Union, as this regional trading bloc seeks to capture further gains from market integration, whilst simultaneously attempting to soften the social impact of regional competition within its borders. This article analyzes the difficulty of maintaining the European social model, or a revised version of it, in the context of increased market integration. Through a close reading of two cases decided by the European Court of Justice in 2007, the article interrogates the extent to which discourses on social rights at the EU level can be made sufficiently robust to ensure the application of international or national labor standards as a buttress against increasingly mobile capital, in order to prevent “social dumping.” It concludes, however, that the terms on which the foundational texts of the EU integration project operate – elevating "market" rights to equal, fundamental, status with social and labor rights – means that the exercise of social rights such as the right to strike is ultimately contingent on their compatibility with market integration.

Keywords: European Social Model, Labor Rights, Laval Case, Viking Case

JEL Classification: Labor Law

Suggested Citation

Ashiagbor, Diamond and Ashiagbor, Diamond, Collective Labor Rights and the European Social Model (2009). Law & Ethics of Human Rights, Vol. 3, No. 2, 2009, SOAS School of Law Research Paper No. 18/2010, Available at SSRN: https://ssrn.com/abstract=1701901

Diamond Ashiagbor (Contact Author)

University of London - Institute of Advanced Legal Studies ( email )

Charles Clore House
17 Russell Square
London, WC1B 5DR
United Kingdom

University of Kent, Kent Law School ( email )

Eliot College
University of Kent
Canterbury, Kent, CT2 7NS
United Kingdom

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