Book Review: Posting of Workers and Collective Labour Law: There and Back Again. Between Internal Market and Fundamental Rights
| Author | Francis Kessler |
| DOI | 10.1177/138826271601800108 |
| Published date | 01 March 2016 |
| Date | 01 March 2016 |
| Subject Matter | Book Review |
Book Reviews
90 Intersentia
namely territoriality – which is not solved by regional or bilateral arrangements –
and the shi from standard-setting to so law measures to accommodate human
rights.
Taken as a whole, this book provides some deep insights into the thousand faces
of the right to work in a number of di erent jurisdictions. Mantouvalou has managed
to gather some excellent authors for this book . Some of them present rather sceptical
pictures of this right (Nickel, Bogg), while others strike a more positive balance
between the nature and realisation chances of this right (Colli ns, Robin-Olivier).
Although the chapters adopt di erent perspectives, common to nearly al l of them is
that they cope with the identi cation of the normative content of this r ight. e book
shows that the identi cation of the core of this right is all the more di cult, a s this
right – like, for example, t he freedom of association – incorporates di erent elements,
which are partly in tension with each other. e book ma kes a great contribution to
the analysis of t his right.
REFERENCES
Hepple, B. (1981) ‘A Right to Work?’, Industr ial Law Journal, 10(2), 65 –83.
Erika Kovács
Institute of Labour and Social Law
Vienna University of Economics and Busines s, Austria
Erika Kovács received her dipl oma in law from the University of Pécs, Hungary and her
doctoral degree in law (Dr.iur.) from the University of Trier, Germany. She is c urrently at
the Vienna University of Economics and Busines s in Austr ia, where she holds a tenure
track post-doc position. Her interests include l abour law and European social law.
Marco Rocca, Posting of Workers and Coll ective Labour Law: ere and Back Again.
Between Internal Market and Fundamental Rights, Cambridge, Antwerp, Portland:
Intersentia, 2015, Social Europe S eries Volume 33, 387 pp., ISBN 978–1–78068–
307–2
e ‘Laval-quartet’ ECJ case s1 have made clear not only t he European legislator’s lack
of interest in collective action and collective agreements as soon as workers perform
their labour contract across borders ‒ Directive 96/71/EC only deals with individual
employment relations and the social sec urity coordinat ion rules (Regulations 8 83/2004
1 C-341/05 Laval un Partneri [2007] ECR I-11767; C-346/06 Rü ert [2008] ECR I-1989; C-319/06
Commission v. Luxembourg [2008] ECR I-4323; C- 438/05 e Inte rnational Transpor t Workers’
Federation and e Fi nnish Seamen’s Union [2007] ECR I-10779.
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