Viking, Laval and Beyond: (EU Law in the Member States)

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.

Table of Contents:
1. Viking, Laval and Beyond: An Introduction Mark Freedland and Jeremias Prassl 2. Viking and Laval: The EU Internal Market Perspective Steve Weatherill 3. Viking and Laval: The International Labour Law Perspective Alan Bogg 4. The Right to Strike in the EU after Accession to the ECHR: A Practical Assessment Vilija Velyvyte 5. The Life of a Death Foretold: The Proposal for a Monti II Regulation The Adoptive Parents 6. Three Dimensions of Heterogeneity: An Overview of Member State Experiences Jeremias Prassl 7. Austria Eva Tscherner 8. Estonia Tatjana Evas 9. Germany Bernd Waas 10. Greece Aristea Koukiadaki 11. Italy Edoardo Ales 12. Norway Stein Evju 13. Poland Leszek Mitrus 14. Sweden Mia Rönnmar 15. The United Kingdom Tonia Novitz and Phil Syrpis 16. Civilising the European Posted Workers Directive Nicola Countouris and Samuel Engblom 17. Broader Lessons for European and Domestic Labour Law Robert Rebhahn 18. Conceptualising Conflict between the Economic and the Social in EU Law after Viking and Laval Dorota Leczykiewicz 19. EU Law in National Courts: Viking, Laval and Beyond Michal Bobek 20. Epilogue Ulf Bernitz

About the Author :
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.

Review :
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 John's 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 Prassl's "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 Plutot que de partir du plus general pour aller au plus particulier, l'analyse de bas en haut permet de mettre au jour des realites nouvelles que des constructions plus anciennes sont incapables d'apprehender ... les auteurs devaient imaginer un nouvel horizon, loin des mecanismes habituelle- ment envisages dans ces deux champs du droit. Pari reussi. -- Jean-Sylvestre Berge Revue Trimestrielle de Droit Europeen What is new in this debate? Hasn't everything already been said? No, indeed it hasn't, 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