The Commission's Posting Package

• In March 2012, the Commission presented two legislative proposals – the Monti II-Regulation and the Enforcement Directive. The proposals constitute a response to the intense debate following the CJEU’s rulings in the Laval quartet. The first proposal, the Monti II-Regulation, aims at clarifying the relationship between the right to take collective action and the economic freedoms. Its vague formulation, however, puts its potential to change the state of law in question. The second proposal, the Enforcement Directive, aims at improving the enforcement of the Posting of Workers Directive. In doing so it shall equally ensure workers’ rights and enhance cross-border services by reducing employers’ administrative burdens. It is doubted, however, whether the methods chosen will be effective, especially that the Directive seems to overlook how closely the different enforcement mechanisms are linked to individual institutional arrangements in the Member States. The following paper analyses these two proposals, examines their potential implications and suggests alternative approaches.

Subject headings

SAMHÄLLSVETENSKAP  -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law (hsv//eng)

Keyword

Civil Law

Civilrätt

Publication and Content Type

vet (subject category)

art (subject category)