Viking, Laval and Beyond

(Paperback)

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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 CJEUs much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commissions 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.

Reviews

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. -- Paul Craig, Professor of English Law, St Johns College, Oxford
The rulings in Viking and Laval remain hotly debated. This excellent collection of essays provides an opportunity for mature reflection on these rulings and offers a nuanced picture of their implications for EU law and for labour law in national legal systems. -- Anne Davies, Professor of Law and Public Policy and Fellow of Brasenose College, Oxford
The authors of Viking, Laval and Beyond, in my view, used a comparative method that made fullest use of its chameleonic potential ... realised in no small part by Prassls three dimensions of heterogeneity (Chapter 6) At its most provocative, this collection conveys some very challenging messages about the nature, ideology, and impact of EU law [its] innovative socio-legal focus upon the Member States sheds light upon gaps and contestations between law in the books and law in practice. -- Amy Ludlow * Cambridge Law Journal *
Plutt que de partir du plus gnral pour aller au plus particulier, lanalyse de bas en haut permet de mettre au jour des ralits nouvelles que des constructions plus anciennes sont incapables dapprhender les auteurs devaient imaginer un nouvel horizon, loin des mcanismes habituelle- ment envisags dans ces deux champs du droit. Pari russi. -- Jean-Sylvestre Berg * Revue Trimestrielle de Droit Europen *
What is new in this debate Hasnt everything already been said No, indeed it hasnt, and the book is a very helpful tool to review the judgments and the debate surrounding them in a more sophisticated and less heated temper The book is a remarkable attempt both to look more deeply into the economic and social aspects of internal market law, and to analyse the follow-up in Member State law; indeed, this is the very objective of the newly started, innovative publication series. -- Norbert Reich * Common Market Law Review *
The great thing about this book (and about the whole approach of the new series) is that it helps readers to understand the different viewpoints and to contextualise those tensions between the EU and the member states...In a nutshell: Viking, Laval and Beyond gives a great insight into how little some landmark cases by the CJEU actually affect national legal systems. -- Christopher Unseld * European Law Blog, September 2015 *
The editors in their introduction present this book as "careful first step" in braking down "the compartmentalisation in EU law scholarship which goes hand-in-hand with compartmentalisation (and specialisation) in each of the legal system themselves", with a view of "offering both a deeper understanding of each substantive area under discussion and insights into the operation of EU law more broadly". Viking, Laval and Beyond clearly achieves this goal and much more and, in doing so, makes a very worthwhile and original contribution to the literature. -- Rebecca Zahn * The English Historical Review *

Author Bio

Mark Freedland QC (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.