From Bolkestein to directive - and further

Fischinger, Philipp S. ; Schlachter, Monika

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Document Type: Working paper
Year of publication: 2008
The title of a journal, publication series: Formula Working Papers
Volume: 1
Place of publication: Oslo
Publishing house: UiO
Publication language: English
Institution: School of Law and Economics > Bürgerl. Recht, Arbeitsrecht, Handels- und Wirtschaftsrecht (Fischinger 2014-)
Subject: 340 Law
Abstract: Free movement of workers takes place under the conditions of national law as well as the Community Law. This article ascertains if and how labour law and work relations in the EU/EEA are also influenced by the Services Directive (RL 2006/123/EC; hereinafter: S.D.). Although on the first glance the S.D. gives little evidence of such an influence, from its beginning – that is from its preliminary drafts – the S.D. was met with distrust because of potentially disastrous effects on labour relations and national labour law. How this could happen, and what impact the revised text still has will be shown in the following. Part 1 will overview the history of the S.D., starting with the so-called Bolkestein draft (hereinafter: B.D.). Thereafter – to clarify the effects the B.D. would have had – the legal situation before the S.D. came into force will be explained and compared with the planned arrangements in the B.D. Part 1 concludes with a presentation of the criticisms of the B.D., which were ultimately responsible for its failure. In Part 2 the adopted S.D. will be scrutinised in detail. The focus is on whether the S.D. in its current version still affects national working conditions. In Part 3 will be ascertained, by taking into account the recent jurisdiction of the ECJ (Viking Line, Laval and Rüffert), if the S.D. read in conjunction with the fundamental Treaty freedoms influences national labour law of the Member States.

Dieser Datensatz wurde nicht während einer Tätigkeit an der Universität Mannheim veröffentlicht, dies ist eine Externe Publikation.

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