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The Commission's Posting Package
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2012 (English)In: European Policy Analysis, no 9, 16 p.-16 p.Article in journal (Other academic) Published
Abstract [en]

In March 2012, the Commission presented two legislative proposals – the Monti II-Regulation and the Enforcement Directive. The proposals constitute a response to the intense debate following the CJEU’s rulings in the Laval quartet. The first proposal, the Monti II-Regulation, aims at clarifying the relationship between the right to take collective action and the economic freedoms. Its vague formulation, however, puts its potential to change the state of law in question. The second proposal, the Enforcement Directive, aims at improving the enforcement of the Posting of Workers Directive. In doing so it shall equally ensure workers’ rights and enhance cross-border services by reducing employers’ administrative burdens. It is doubted, however, whether the methods chosen will be effective, especially that the Directive seems to overlook how closely the different enforcement mechanisms are linked to individual institutional arrangements in the Member States. The following paper analyses these two proposals, examines their potential implications and suggests alternative approaches.

Place, publisher, year, edition, pages
Stockholm: Swedish Institute for European Policy Studies , 2012. no 9, 16 p.-16 p.
National Category
Law
Research subject
Civil Law
Identifiers
URN: urn:nbn:se:uu:diva-233689OAI: oai:DiVA.org:uu-233689DiVA: diva2:753610
Note

The analysis is published in the context of the SIEPS research programme.

Available from: 2014-10-08 Created: 2014-10-08 Last updated: 2015-02-27Bibliographically approved

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Malmberg, JonasJohansson, Caroline

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