A clash of kings. The European Committee of Social Rights on the ‘Lex Laval’ … and on the EU framework for the posting of workers

Rocca, Marco
(2013) European Journal of Social Law — Vol. September, n° 3, p. 217-232 (2013)

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  • Rocca, MarcoUCLouvain
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Abstract
On the 20 November 2013 the European Committee of Social Rights delivered its decision on the Swedish law aimed at bringing the Swedish system in line with the case law of the Court of Justice of the European Union regarding posting of workers and industrial relations. The evaluation of the so-called 'Lex Laval' however provides for an occasion to implicitly scrutinise the whole framework of EU law regulating the posting phenomenon. The present contribution hence analyses the relationship of the decision delivered by the ECSR with two aspects of EU law. On the one hand, the contribution deals with the case law of the CJEU about the (complicated) relationship between fundamental social rights and fundamental economic freedoms of the internal market. On the other hand, it will examine the more specific issue of posting of workers. Both topics reveal the existence of a sharp contrast between EU-law and the system of values, principles and rights embodied in the European Social Charter.
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Rocca, M. (2013). A clash of kings. The European Committee of Social Rights on the ‘Lex Laval’ … and on the EU framework for the posting of workers. European Journal of Social Law, September(3), 217-232. https://hdl.handle.net/2078.5/33294 (Original work published 2013)