Malmberg, Jonas --- "Posting Post-Laval: Nordic Responses" [2011] ELECD 881; in Moreau, Marie-Ange (ed), "Before and After the Economic Crisis" (Edward Elgar Publishing, 2011)

Book Title: Before and After the Economic Crisis

Editor(s): Moreau, Marie-Ange

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849809924

Section: Chapter 2

Section Title: Posting Post-Laval: Nordic Responses

Author(s): Malmberg, Jonas

Number of pages: 15

Extract:

2. Posting post-Laval: Nordic
responses
Jonas Malmberg*

INTRODUCTION1

One of Brian Bercusson's theses was that national labour law and EU
labour law should not be regarded as two separate legal systems. Instead
he stressed the symbiosis between national labour law systems and EU
labour law. He also emphasized a sociological approach to EU labour law:
an approach which looks beyond the vertical interaction between Member
States and EU institutions. The roles of different actors, processes and
outcomes at both European and national level are all of equal importance
for understanding how labour law is shaped.2
The story of the Posting of Workers Directive,3 the Laval case,4 the
Rüffert case,5 the Commission vs. Luxembourg6 case and the Viking case7
(jointly referred to as the Laval-quartet) and their aftermath lends itself
perfectly to such a multi-level governance approach.
The aim of this chapter is to discuss the legal responses in the case law


* The project is financed by the Swedish Council for Working Life and
Social Research and the FORMULA-project, University of Oslo. For a longer
version, see J. Malmberg (2010) `Posting Post Laval ­ International and National
Responses', Working Paper 5, Uppsala Center for Labour Studies, available
at http://ucls.nek.uu.se/publications/Working_papers+2010/ (accessed April
2011).
1 This chapter is partly based on a lecture given together with Professor

Niklas Bruun at the Brian Bercusson Memorial Conference, at King's College,
London, 30 May 2009. This chapter was finalized ...