Free Movement of Services versus National Labour Law and Industrial Relations Systems: Understanding the Laval Case from a Swedish and Nordic Perspective

2008 ◽  
Vol 10 ◽  
pp. 493-523 ◽  
Author(s):  
Mia Rönnmar
Keyword(s):  
European Integration ◽  
Industrial Relations ◽  
Eu Enlargement ◽  
European Court Of Justice ◽  
Free Movement ◽  
Labour Law ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Persons ◽  
The Eu

European integration, the internal market and free movement of persons and services are important aspects of EC labour law and EU industrial relations. As a result of EU enlargement and the emphasis on free movement within the EU, the problems of posting of workers, low-wage competition and social dumping are high on the agenda. This is illustrated by the epochal and much-debated Laval and Viking cases from the European Court of Justice (ECJ).

The Area of “Freedom, Security and Justice” and the European Court of Justice—a Personal View

2000 ◽  
Vol 49 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Nial Fennelly
Keyword(s):  
European Union ◽  
Title I ◽  
European Court Of Justice ◽  
Free Movement ◽  
Personal View ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Persons ◽  
Border Controls ◽  
Treaty Of Amsterdam

The Treaty of Amsterdam enshrines in Article 2 (formerly Article B) of the Treaty on European Union under the new Title I called “Common Provisions” (which contains, with some amendments, the provisions of the former Articles A to F) a new objective for the Union, namely:“to maintain and develop the Union as an area of freedom, security and justice in which the free movement of persons is assured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.”

Square Pegs and Round Holes: The Free Movement of Persons Under EEA Law

2017 ◽  
Vol 19 ◽  
pp. 165-186
Author(s):  
Christian NK FRANKLIN
Keyword(s):  
Free Trade ◽  
Case Law ◽  
Fundamental Principle ◽  
Free Movement ◽  
Trade Association ◽  
Eu Law ◽  
European Free Trade Association ◽  
Court Of Justice ◽  
Free Movement Of Persons ◽  
The Eu

AbstractWhilst the European Union’s aim of achieving an ‘ever closer Union’ is not an objective of EEA cooperation, homogeneity demands that we follow the same path: as the Union gets ever closer, so too does EEA cooperation, in light of the demands of the fundamental principle of homogeneity. This is particularly well demonstrated by looking at developments in the field of the free movement of persons. The case law of the Court of Justice of the European Free Trade Association (EFTA Court) in this field shows that in situations where homogeneity is put to the test, there seems little to suggest that a more national sovereignty-friendly approach has been adopted than under EU law. Notwithstanding the integral differences between the EU and EEA legal constructs, the EFTA Court has proven highly adept at keeping pace with EU developments in the field through a number of bold and creative interpretations of EEA law, and by using different tools to arrive at uniform conclusions.

scholarly journals The European Administration as a Facilitator of the European Integration Process: Organizational and Ethical Implications from the Proliferation of European Union Agencies

2021 ◽  
Vol 1 (15) ◽  
pp. 78-94
Author(s):  
Giorgio Oikonomou
Keyword(s):  
European Integration ◽  
Sharp Increase ◽  
Research Question ◽  
Eu Enlargement ◽  
Policy Area ◽  
Ethical Implications ◽  
European Court ◽  
Integration Project ◽  
The Eu

The purpose of this study is to explore the evolution of EU administration by focusing and critically examining the role of EU agencies in advancing the European integration project. The research question deals with identifying the factors that account for the formulation of EU agencies and the reasons behind their sharp increase in numbers since the 2000s. The tasks are to analyse critical EU agencies’ parameters such as their typology, the policy area they deal with, origin of their resources and funding, and their output. In addition, transparency and accountability issues accompanying the proliferation of EU agencies are also considered. Emphasis is placed on the evolution of the European administration as expressed by the establishment of various types of agencies since 1975 thereafter. Methodologically, the research utilizes quantitative data based on annual EU budgets as well as official reports and policy papers issued by main EU institutions (European Commission, European Parliament, European Court of Auditors) and agencies, analyzing them from a historical perspective. As a result, it is argued that the proliferation of EU agencies has advanced the process of European integration, namely the EU enlargement and expansion in new policy areas following successive reforms of the Treaties. However, concerns regarding accountability and transparency issues remain in place.

scholarly journals International Unionism’s Competitive Edge

2003 ◽  
Vol 58 (1) ◽  
pp. 85-108 ◽  
Author(s):  
Braham Dabscheck
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Compensation System ◽  
International Federation ◽  
European Court Of Justice ◽  
Collective Bargaining Agreement ◽  
Freedom Of Movement ◽  
Competitive Edge ◽  
Court Of Justice ◽  
European Court

AbstractGlobalization and neo-liberalism have been associated with a decline in unions. In seeking to respond to these problems, unions could cooperate internationally. The orthodoxy among industrial relations scholars is that the European Treaty is antithetical to international unionism because of various provisions which promote competition. The experience of the International Federation of Professional Footballers’ Associations (FIFPro) contradicts this orthodoxy. In August 2001, FIFPro entered into a framework collective bargaining agreement with Fédération Internationale de Football Association (FIFA) on a new set of rules to govern the worldwide employment of professional footballers. Football’s transfer and compensation system violated competitive provisions, in particular the freedom of movement of workers, contained in the European Treaty. Following the 1995 decision of the European Court of Justice in Bosman, and strategic interventions by the European Commission, FIFA sought an accommodation with FIFPro, to protect its new employment rules from further legal attack.

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