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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: The Viking and Laval Cases in the Context of European Enlargement
Author(s): Zahn, Rebecca
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Keywords: Social Dumping
European Union law Trade Unions
Law European Union countries Cases
Law European Union countries
Issue Date: 27-Jun-2008
Date Deposited: 1-May-2012
Citation: Zahn R (2008) The Viking and Laval Cases in the Context of European Enlargement. Web Journal of Current Legal Issues, [2008] (3).
Abstract: In the recent Viking and Laval cases the ECJ was asked to clarify the extent to which collective action may be used to resist social dumping within the EU. The cases arose in the midst of an increasing fear amongst trade unions and workers in old Member States that their economic and social position was being threatened by new Member State workers and enterprises availing themselves of their free movement rights under the EC Treaty in order to engage in social dumping. The recent European enlargements have enhanced social diversity within the EU thereby increasing societal and economic challenges for the trade unions in the old Member States. Moreover, due to the lack of effective industrial relations structures in the majority of new Member States the EU is faced with the difficult task of creating an integrated system of industrial relations within the European Social Model. The Viking and Laval cases exemplify the difficult road ahead. Therefore, this paper proposes to place Viking and Laval into the context of an enlarged European Union in order to assess the significance and implications of the cases for the future of trade unions and the European social model.
Rights: Published by Web Journal of Current Legal Issues with the following policy: "Copyright in all contributions remains with the authors, and the publishers acquire publication rights. This work may be reproduced without the consent of the author, in part or in whole in any manner and in any medium subject only to the two following conditions: (a) no charge shall be made for the copy containing the work or the excerpt, (b) the author's name and place of first publication shall appear on the work or the excerpt."

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