The objective and purpose of this PhD is to provide pragmatic solutions to the Posted Workers Directive 96/71/EC.1 This European Union legislation is designed to govern a unique category of worker that moves throughout the internal market temporarily under the provision of services. The Directive was created to protect workers’ rights, combat social dumping by ensuring a climate of fair competition and promote the transnational provision of services. In practice, it has failed to fulfil its objectives, as seen by the Laval Triplet.2 Therefore, following a thorough analysis of the issues that are intrinsic to the Directive itself and also highlight wider issues such as the competing interests of the internal market and national labour law as well as the conflicting economic and social policy interests, this thesis will provide legislative solutions which will constitute the requisite original contribution to knowledge. The thesis is composed of five parts, beginning with the Introduction and ending with the Conclusions. The central Chapters follow the chronological order of the Directive’s story as follows: Chapter 1 details why and how the Directive was created including an analysis of the early case law; Chapter 2 analyses the issues associated with the Directive and it offers an original critique of the Court’s interpretation of the Directive; and Chapter 3 reviews the solutions that have already been suggested by the EU Institutions, the European Social Partners and the academic literature before providing my own input to the field. The form of methodology adopted throughout is therefore doctrinal.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:628477 |
| Date | January 2014 |
| Creators | Ripley, Stefanie |
| Publisher | King's College London (University of London) |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | https://kclpure.kcl.ac.uk/portal/en/theses/finding-balance-between-the-competing-interests-of-national-and-european-union-law-and-economic-and-social-policies-through-the-posted-workers-directive(725b079b-c825-4675-acc4-d5c20f36e754).html |
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