| Tittel: | Posting matters | | Ansvar: | Catherine Barnard | | Forfatter: | Barnard, Catherine  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Arbeidsrett | | Utgitt: | Oslo : Universitetsforlaget, 2014 | | Omfang: | side 1-28 | | Serie: | Arbeidsrett ; 1/2014 | | Note: | The seminal decisions of the Court of Justice in Laval, Rüffert and Luxembourg on the interpretation of the complex Posted Workers Directive 96/71 proved deeply divisive. The cases also raised more questions than they answered. These matters have been taken up in a number of fora, not just the EU but also the EFTA Court and the European Committee of Social Rights (ECSR). This article considers the decisions of the EFTA Court in STX and the Norwegian Supreme Court’s controversial response to it, as well as looking at the report of the ECSR on a complaint from the Swedish trade union confederation, the LO, about the government’s implementation of the judgment in Laval. Through an examination of these decisions, this article looks at two fundamental questions: (1) how do the Directive and the Treaty fit together and how much space is left for the application of -national law, and (2) what happens when institutions fundamentally disagree? | | Del av verk: | Arbeidsrett 1/2014 |
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