The Laval and Viking Cases
The Laval and Viking Cases

Author: Roger Blanpain

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 278

ISBN-13: 9041128506

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in this book nineteen labour law scholars present country reports detailing challenges and consequences of the rulings evident in twelve EU Member States, as well as in Norway and Russia. Among many others, the salient issues covered include the following: cross-border solidarity among workers; collective action as a fundamental freedom; the prospects for an EU minimum wage plan; the 'social partners' approach to national labour law; the harmonisation of social security standards; and the scope of enforcement by Member State labour regulatory authorities.

Viking, Laval and Beyond
Viking, Laval and Beyond

Author: Mark R Freedland

Publisher: Bloomsbury Publishing

Published: 2015-01-29

Total Pages: 392

ISBN-13: 1782255346

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EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

Laval and Viking
Laval and Viking

Author: Alicia Hinarejos

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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Two of the most remarkable human rights cases decided by the European Court of Justice (ECJ or Court) in the past year concern the right to collective action. Both Laval and Viking involved conflicts between trade union action, forming part of the right to freedom of association, a right protected in the Charter of Fundamental Rights, and the exercise of two of the fundamental freedoms set out in the EC Treaty, namely the right to provide services and the right to establishment. Although the Court adopted the same general reasoning in both cases in order to deal with the conflict at issue, each case had individual features worthy of note and will be presented separately (Sections 2 and 3). Section 4 provides reflections that are common to both decisions and their significance for the protection of fundamental rights in the European Union.

Reconciling Fundamental Social Rights and Economic Freedoms After Viking, Laval and Rüffert
Reconciling Fundamental Social Rights and Economic Freedoms After Viking, Laval and Rüffert

Author: Andreas Bücker

Publisher: Nomos Verlagsgesellschaft Mbh & Company

Published: 2011

Total Pages: 385

ISBN-13: 9783832959876

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The Viking - Laval - Ruffert judgments have triggered - more than almost any other jurisprudence of the Court of Justice of the EU - a debate about the balance between economic freedoms and fundamental social rights. It is expected to take a long period to establish consensus about a new equilibrium. This book provides a positive contribution to this debate. In the light of the new situation brought about by the Lisbon Treaty - i.e. the strengthening of fundamental rights and the forthcoming EU accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms - the book develops and contemplates the concept of a cooperative structure of national, supranational, and international courts and actors. Country reports analyze the consequences of the Viking - Laval - Ruffert decisions on national levels with regard to legal and policy issues. Thereafter, approaches and principles aimed at protecting fundamental social rights and facilitating a process of inter-court dialogue and cooperation are developed, and suggestions for political guidelines on balancing economic freedoms and fundamental social rights are presented.

One Step Forward, Two Steps Back? The Viking and Laval Cases in the Ecj
One Step Forward, Two Steps Back? The Viking and Laval Cases in the Ecj

Author: A. C. L. Davies

Publisher:

Published: 2010

Total Pages:

ISBN-13:

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This article analyses the judgements of the European Court of Justice (ECJ) in Case C-438/05 International Transport Workers' Federation and Finnish Seamen's Union v Viking Line (Judgement 11 December 2007) and Case C-341/05 Laval v Svenska Byggnadsarbetarefouml;rbundet (Judgement 18 December 2007). In these cases, the ECJ held that where industrial action infringes an employer's free movement rights under Article 43 EC (freedom of establishment) and Article 49 EC (freedom to provide services), respectively, these Treaty provisions can have horizontal direct effect against the unions organizing the action. Unions may defend themselves against these claims by asserting a right to strike (which the Court recognized as a fundamental right within Community law) but only where they are acting proportionately in the exercise of that right. The article explores the key elements of the ECJ's decisions on direct effect, fundamental rights and proportionality, and draws out some of the implications of these cases for English law.

Viking, Laval and Beyond
Viking, Laval and Beyond

Author: Mark R Freedland

Publisher: Bloomsbury Publishing

Published: 2015-01-29

Total Pages: 596

ISBN-13: 1782255354

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EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

The Vinland Sagas
The Vinland Sagas

Author:

Publisher: Penguin UK

Published: 1973-09-27

Total Pages: 128

ISBN-13: 0141906987

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One of the most arresting stories in the history of exploration, these two Icelandic sagas tell of the discovery of America by Norsemen five centuries before Christopher Columbus. Together, the direct, forceful twelfth-century Graenlendinga Saga and the more polished and scholarly Eirik's Saga, written some hundred years later, recount how Eirik the Red founded an Icelandic colony in Greenland and how his son, Leif the Lucky, later sailed south to explore - and if possible exploit - the chance discovery by Bjarni Herjolfsson of an unknown land. In spare and vigorous prose they record Europe's first surprise glimpse of the eastern shores of the North American continent and the natives who inhabited them.

The EU Social Market Economy and the Law
The EU Social Market Economy and the Law

Author: Delia Ferri

Publisher: Routledge

Published: 2018-07-20

Total Pages: 347

ISBN-13: 1351068504

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Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.