Internal Market Architecture and the Accommodation of Labour Rights: As Good as it Gets?

EUI Working Papers LAW No. 2011/04

32 Pages Posted: 28 Apr 2011

See all articles by Claire Kilpatrick

Claire Kilpatrick

European University Institute - Department of Law (LAW); University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: January 2011

Abstract

This paper suggests that investigating how internal market architecture affects the accommodation of labour rights helps us better to understand internal market-labour rights conflicts and how they might be resolved. It probes the legislation/primary Treaty freedom dimension of the architecture, by looking at the interplay between legislature and Court of Justice in two overlapping free movement of service fields where labour rights’ accommodation is contested: posting of workers and public procurement. The aspirations and reality of the current architecture are explored. Five lessons about internal market architecture are drawn from the case-study. Alternative architectural options, drawing on new governance, are canvassed.

Keywords: internal market, labour rights, posted workers, public procurement, EU legislature, European Court of Justice. new governance

Suggested Citation

Kilpatrick, Claire, Internal Market Architecture and the Accommodation of Labour Rights: As Good as it Gets? (January 2011). EUI Working Papers LAW No. 2011/04, Available at SSRN: https://ssrn.com/abstract=1824234 or http://dx.doi.org/10.2139/ssrn.1824234

Claire Kilpatrick (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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