Laval and Trade Union Cooperation: Views on the Mobilizing Potential of the Case

Abstract

Although the case law of the Court of Justice of the European Union (CJEU) in the Laval case has been thoroughly examined from both legal and political perspectives, few references have been made to its implications for cross-border trade union cooperation. Using qualitative data from interviews with European trade union representatives, this article explores whether Laval hampered or stimulated transnational cooperation and mobilization.The analysis reveals that, although the interviewees identified the Laval case as particularly significant, they had difficulty mapping out a common route for dealing with the potential consequences of the case, such as wage dumping. Competing discourses co-existed as to the measures to be taken, displaying important and historically rooted differences between European trade unions regarding the context, scope and objectives of transnational collective action. In contrast, it could be argued that the risk of wage dumping arising from the Laval case and the ongoing discussion to find ways to manage this risk led European trade unions to address controversial issues that were in need of attention. It emerges from the interview materials that the management of these issues arguably entailed mobilization but, above all, the effect on transnational union relations appeared to be constitutive.