Marco Rocca is lecturer in labour law at the Institut de Sciences du Travail (UCL) and research assistant at the Excellence Chair on Pensions (UCL). In 2014, he defended his PhD. thesis on posting of workers and collective labour law at the Universit Catholique Louvain. Prior to that, he obtained his bachelor (2007) and master (2009) in Law at the University of Pisa and at the Scuola Superiore Sant'Anna. He is member of the CRIDES Jean Renauld (Centre de Recherche Interdisciplinaire Droit Entreprise Socit) of the UCL.His research deals with a series of tensions, notably between the EU legal order and international labour law, between fundamental freedoms of the internal market and fundamental rights, and between EU law and the organisation of occupational pensions schemes.

• CONTENTSForeword Acknowledgements Introduction Posted Workers: What's in a Name? The Core A fistful of cases Rush Portuguesa Laval Ruffert Commission v. Luxembourg (2008) Setting Sail The Context Chapter 1: The Loneliness of the Long Distance Runner: Defining the Posting Phenomenon from "Black Letter Law" to Empirical Data 1.1 A Thorny Phenomenon 1.1.1 A Diagonal Issue? 1.1.2 Stretching the System Outside its Borders. Until it Breaks 1.1.3 The Sound of Silence 1.2 The Black Box 1.2.1 Renewed Interest and Further Analysis 1.2.2 An Interim Word of Warning 1.3 At the Crossroad of Difficulties 1.3.1 "New" Groups of Workers and Trade Unions 1.3.2 It's Hard to Find a Way, Whatever... 1.3.3 A Little Bit Harder Chapter 2: Industrial Relations and the Law - An Overview: Industrial Relations. Theories and Their Encounters with the Legal Phenomenon 2.1 Industrial Relations 2.1.1 Modern Industrial Relations 2.1.2 An Industrial Relations System 2.2 Industrial Relations and the Law 2.2.1 What Hump? 2.2.2 Questions of Power 2.3 A Further Look to an Anecdote 2.3.1 An Autonomous Collective Bargaining Model 2.3.2 Hardest Law Chapter 3: Collective Labour Law: Defining the Scope of "Collective Labour Law" as well as its Main Elements 3.1 Freedom of Association (and the ILO) 3.1.1 Freedom of Association under the ECHR 3.2 Collective Action 3.2.1 Concerted and Collective 3.2.2 Withholding of Labour 3.2.3 Specific Occupational Demands 3.2.4 Peaceful Exercise 3.2.5 Other Forms of Collective Action 3.3 Collective Bargaining 3.3.1 Free and Voluntary Negotiation 3.3.2 Parties 3.3.3 Contents 3.4 Representation 3.4.1 Information and Consultation Chapter 4: The Age of Innocence: The Drafting Process of the Posting of Workers Directive 4.1 A Complicated Birth 4.1.1 Impulse(s) 4.1.2 Rush and the First Phase of Negotiations 4.1.3 Deadlocked 4.1.4 Fortune Smiling? 4.2 Not-so-close Encounters of the Collective Type 4.2.1 The Forgotten "Droits Syndicaux" 4.2.2 Not a Commodity 4.2.3 Interim Conclusions Chapter 5: Childhood's End: Thirty Years of Posting Case Law before the Court of Justice 5.1 Prologue(s) 5.2.1 The Story before the Story 5.2.2 Rush Portuguesa 5.2 During the Adoption Saga and Beyond 5.2.1 Vander Elst 5.2.2 Arblade 5.2.3 Mazzoleni 5.2.4 Finalarte 5.2.5 Portugaia Costrucoes 5.2.6 The Pre-Directive Case Law and the PWD 5.3 Post-Directive Case Law 5.3.1 Laval 5.3.2 Ruffert 5.3.3 Commission v. Luxembourg 5.3.4 Vicoplus 5.3.5 PWD Unleashed Chapter 6: A Clash of Kings: Fundamental Freedoms versus Fundamental Rights, again 6.1 The Clash 6.1.1 Collective and Fundamental Social Rights 6.1.2 Schmidberger and Omega 6.2 The New Wave 6.2.1 Trade Unions and the CJEU 6.2.2 Collective Action and the CJEU 6.2.3 The Role of Collective Bargaining and Collective Agreements 6.3 Three Kings 6.3.1 The ILO 6.3.2 The Council of Europe 6.4 You Are Here 6.4.1 The "Monti II" Proposal 6.4.2 The Ice Age Chapter 7: "Real PWD" and National Industrial Relations: Stuck with Negative Integration 7.1 Negative Integration 7.1.1 A Desert Called Integration? 7.2 The Role of the PWD 7.2.1 Living under the "Real PWD" 7.3 Change or Desist? 7.3.1 Posted Workers in the Bubble? 7.3.2 Impacts Chapter 8: The Future in Context: De-centralisation during the Great Recession and Three Future Scenarios 8.1 The Context, Selected Chapters 8.1.1 Decentralisation for Everyone 8.1.2 The Enforcement Directive 8.2 Scenarios 8.2.1 Scenario 1: Muddling Through 8.2.2 Scenario 2: Legislative Corrections at Primary and Secondary Level 8.2.3 Scenario 3: A Game of Courts Chapter 9: The Legacy 9.1 The EU and the International Protection of Social Rights: Fair-Weather Commitment? 9.1.1 Good Time for a Change (of Approach) 9.2 A Room that has no Floor: the PWD and the De-centralisation of Collective Bargaining 9.3 Finale Bibliography