Labour Law, Fundamental Rights and Social Europe

Zusammenfassung The focus of this volume is on labour law and social security law, and contains peer-reviewed articles aimed at spreading Swedish legal research on European law to a wide international audience.

The Swedish Network for European Legal Studies is happy to announce the fourth volume in this series of annual publications which acts as a forum for the publication of studies on European law by Swedish scholars. The annual this year focuses on labour law and social security law, and contains peer-reviewed articles aimed at spreading Swedish legal research on European law to a wide international audience. The editor of the yearbook is Associate Professor Mia Rönnmar. The articles in the volume are concerned with European law, its development, impact and reform. Furthermore they are original, analytical contributions to timely doctrinal debates and questions, by legal researchers mainly, but not exclusively, connected with the Swedish universities.

Auteur
Mia Rönnmar is an Associate Professor in Private Law at the Law Faculty at Lund University. She is a member of the Norma Research Programme at Lund University and the ReMarkLab Research Programme at Stockholm University.

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This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives.

Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.

Contenu

1. Introduction Mia Rönnmar Part 1 Labour Law, the Protection of Fundamental Rights and the Tension between Economic and Social Integration in the EU 2. The ILO Acquis and EU Labour Law Petra Herzfeld Olsson 3. The Right to Collective Action in Particular the Right to Strike as a Fundamental Right Örjan Edström 4. Regulating Posted Work Before and After the Laval Quartet Jonas Malmberg 5. Public Procurement and Labour Law Friends or Foes? Kerstin Ahlberg and Niklas Bruun Part 2 Equal Treatment and Non-Discrimination 6. EU Equality Law Comprehensive and Truly Transformative? Ann Numhauser-Henning 7. Troublesome Transformation EU Law on Pregnancy and Maternity Turned into Swedish Law on Parental Leave Jenny Julén Votinius 8. Flexicurity, Labour Law and the Notion of Equal Treatment Mia Rönnmar viii Table of Contents Part 3 Social Security Law and Free Movement and Coordination in the EU 9. The Swedish Parental Benefit in Relation to the EU rules on Coordination of Social Security Benefit Is Free Movement of Families Really Achieved? Emma Holm 10. The Swedish Social Security Reforms of 2008 and their Impact on the National Sickness Insurance System: Some Reflections from an EU Law and Flexicurity Perspective Per Norberg The Swedish Labour Court judgment AD 2009 No 89, translated into English by Jur. Dr Laura Carlson