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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.
Mark Freedland KC (hon), FBA is Emeritus Professor of Employment Law in the University of Oxford, and a Senior Research Fellow at St John's College, Oxford.Jeremias Prassl is an Associate Professor in the Faculty of Law, University of Oxford, and a Tutorial Fellow at Magdalen College, Oxford.
1. Viking, Laval and Beyond: An Introduction Mark Freedland and Jeremias Prassl2. Viking and Laval: The EU Internal Market Perspective Steve Weatherill3. Viking and Laval: The International Labour Law Perspective Alan Bogg4. The Right to Strike in the EU after Accession to the ECHR: A Practical Assessment Vilija Velyvyte5. The Life of a Death Foretold: The Proposal for a Monti II Regulation The Adoptive Parents6. Three Dimensions of Heterogeneity: An Overview of Member State Experiences Jeremias Prassl7. Austria Eva Tscherner8. Estonia Tatjana Evas9. GermanyBernd Waas10. Greece Aristea Koukiadaki11. Italy Edoardo Ales12. Norway Stein Evju13. Poland Leszek Mitrus14. Sweden Mia Rönnmar15. The United Kingdom Tonia Novitz and Phil Syrpis16. Civilising the European Posted Workers Directive Nicola Countouris and Samuel Engblom17. Broader Lessons for European and Domestic Labour Law Robert Rebhahn18. Conceptualising Conflict between the Economic and the Social in EU Law after Viking and Laval Dorota Leczykiewicz19. EU Law in National Courts: Viking, Laval and Beyond Michal Bobek20. Epilogue Ulf Bernitz
The tension between the economic and the social is a central theme within the history of the EU. This rich set of essays provides a valuable addition to the existing literature through its focus on the way that the tension plays out between the internal market and collective labour law.
Daniele Gallo, Roberto Mastroianni, Fernanda G. Nicola, Lorenzo Cecchetti, Italy) Gallo, Daniele (LUISS University, Italy) Mastroianni, Roberto (University of Naples ’Federico II‘, USA) Nicola, Fernanda G. (Washington College of Law, Italy) Cecchetti, Lorenzo (Luiss University, Jeremias Adams-Prassl
Clara Rauchegger, Anna W Ghavanini, Austria) Rauchegger, Clara (University of Innsbruck, Sweden) Ghavanini, Anna W (University of Gothenburg, Jeremias Adams-Prassl