Edited by: Mia Ronnmar
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The relationship between the national and international has been central
in the debate on the impact of globalisation on national patterns of
employment relations. While some industrial relations researchers in recent
years have put forward evidence not of convergence, but rather of continuing
national diversity in employment relations, others see a complex power-sharing
interplay emerging for which Europe is the laboratory. This ground-breaking
book asks: Do EU or European industrial relations exist? What characterises EU
industrial relations and their development? What are the differences between
EU industrial relations and national industrial relations?
Twelve outstanding authorities from seven countries discuss the theme from a
variety of perspectives. Originally presented at an international and
interdisciplinary research workshop held at the Faculty of Law at Lund
University in November 2007, the essays probe a range of highly topical and
important legal and industrial relations issues and developments, including
the implications of the epochal and much-debated Laval and Viking cases from
the European Court of Justice. The focus is on the EU dimension of industrial
relations, common to the Member States, and not on comparative European
The authors raise and discuss such crucial issues as the following:
the power relationship and interactions between the social partners within the
framework of the social dialogue;
growing problems of posting of workers, low wage competition, and ‘social
approaches to creating an EU legal framework for transnational collective
the right to take industrial action in order to achieve collective agreements;
the fundamental asymmetry between the scope of action of players in companies
and territories affected by restructurings;
information, consultation and worker participation;
potential benefits of increased tripartite co-operation between the social
partners and governments;
compatibility of the Swedish or Nordic system with the four freedoms and its
eligibility as a European model; and
issues of private international law arising from collective actions with
An appendix includes relevant EC legislation and the ECJ opinions in Laval and
Viking. EU Industrial Relations vs National Industrial Relations
explores an emerging and still inchoate realm of law that is heavily fraught
with implications for the near future of social relations, not only in Europe
but worldwide. Labour lawyers and policymakers will greatly appreciate its
precise stocktaking, its insightful analysis, and its well-informed
recommendations on how to proceed in the realm of practical law.
First authoritative investigation of the emerging EU industrial relations
Deeply informed perspectives on the role of industrial relations in European
Legal insights into the developing pattern of industrial relations in a
Understand the scope of application of Viking and Laval
Gain deep, practical insight into the legal relationship of the freedom of
movement and posting of workers with in the EU
Know and confidently apply EU law in the areas of industrial relations
practice where is particularly advantageous
Notes on Contributors. Preface. Introduction: EU Industrial Relations vs
National Industrial Relations – Conflict, Interplay or Harmony? M.
Part I. EU
Industrial Relations: National, Comparative and Global Perspectives. Are
National Industrial Relations Regimes Becoming Institutionally Incomplete?
N. Wailes. Information, Consultation and Worker Participation – An Aspect
of EU Industrial Relations: From the Swedish Point of View; M. Rönnmar.
EU vs National Industrial Relations: The Slovenian Perspective; P. Končar.
Part II. EU Industrial Relations:
Social Dialogue, Transnational Labour Regulation and Corporate Restructuring.
Regulating Temporary Agency Work: On the Interplay between EU Level, National
Level and Different Industrial Relations Traditions; K. Ahlberg.
Transnational Collective Labour Agreements in Europe and at European Level –
Further Readings of Article 139 EC; D. Schiek. Swedish Trade Unions and
European Sector-Level Industrial Relations – Goals and Strategies; S.
Murhem. Toward a New Approach of Corporate Restructurings: Consequences
for Social Actors; M.-A. Moreau.
III. EU Industrial Relations: Free Movement of Services, Industrial Action and
Challenges to National Labour Law and Industrial Relations. Employment
Rights, Free Movement under the EC Treaty and the Services Directive; C.
Barnard. The Free Movement of Services and the Right to Industrial Action
in Swedish Law – In the Light of the Laval Case; Ö. Edström
. If Vaxholm Were in Holland: Interest Conflicts and EU Labour Law in a
Comparative Perspective; T. van Peijpe. National Industrial Relations
vs Private International Law – A Swedish Perspective; J. Malmberg,
C.-M. Jonsson. Appendices: Treaty establishing the European
Community (consolidated text), Official Journal C 325 of 24 December 2002.
Directive 96/71/EC of the European Parliament and of the Council of 16
December 1996 concerning the posting of workers in the framework of the
provision of services, Official Journal L 18 of 21 January 1997, pp. 1–6.
Directive 2006/123/EC of the European Parliament and of the Council of 12
December 2006 on services in the international market, Official Journal L 376
of 27 December 2006, pp. 36–68. Judgement of the European Court of Justice
Laval un Partneri Ltd v. Svenska Byggnadsarbetareförbundet, Case C-341/05
 ECR I-000. Judgement of the European Court of Justice International
Transport Workers’ Federation v. Viking Line ABP, Case C-438/05  ECR
I-000. Table of cases from the European Court of Justice. Index.