Laval’s regulatory conundrum: collective standard-setting and the Court’s new approach to posted workers

Abstract:

This analysis considers the relationship between the Court of Justice's new approach to posted workers in the Laval line of cases and collective standard-setting in host-states. Drawing on important national examples, including ongoing UK industrial disputes, it argues that this examination reveals a regulatory conundrum: the impossibility of meaningful coexistence of the Court's new approach and collective standard-setting in host states for posted workers. It considers how to resolve this regulatory conundrum.