International Employment Law Mangled between European Fundamental Freedoms

Abstract

In this article the author focuses on the Private International Law issues raised by the judgements of the Court of Justice in the cases Viking, Laval, Ruffert and C./Luxembourg. The approach is the following: the "country of origin" principle created an intense controversy when it was presented as part of the proposal of the European Commission for a Directive on Services in the internal market (COM(2004) final, 13.1.2004). In the final version of the Services Directive, the principle has disappeared. But the question arises whether the principle of origin has "resurrected" in the recent judgments of the Court? In her discussion of this issue and the impact of the liberalization of the provision of services in the EU, the author includes the Rome Convention, The Rome I Regulation and the Posting Directive.(English translation of the Original Dutch paper, published in Tijdschrift Recht en Arbeid 2009. The author is grateful to Ms. Emanuela Rotella for the English translation)