Cross-Border Collective Actions in Europe: A Legal Challenge
In Europe, industrial disputes with a cross-border impact do arise, and will continue to, in other sectors of the economy as well, due to the expanding "Europeanization" of the economy. As a result, they will or may become a more common feature in multinational enterprises when they operate in a European and global context. Recent cases are perfect illustrations of the complex interaction between economic freedoms and the fundamental social right to take collective action. This kind of industrial dispute tends to raise fundamental questions about the position of industrial action within the framework of the EU/EC. At present, the right to take collective action with a cross border impact constitutes a major legal challenge. First, the question arises whether divergence between domestic labor law and domestic private international law impedes the effective use of cross-border collective action. Another quintessential issue that arises is whether Community law itself can become an obstacle to the effective use of collective action or to what extent Community law can constitute a means to resolve the obstacles to cross-border collective action. This study takes a three-pronged approach to the issue. The book starts with several contributions addressing general issues related to the right to take collective action in a transnational context. The second section consists of national reports on labor law aspects of cross-border collective action. The third section includes national reports on private international law issues resulting from the transnational nature of a collective action. The book is rounded off with a comparative analysis, and includes the following Member States as part of the study: Belgium, Finland, France, Germany, Italy, the Netherlands, Spain, Sweden, and the United Kingdom.
Publication Date: 10/8/2007