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EU Intervention in Domestic Labour Law$
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Phil Syrpis

Print publication date: 2007

Print ISBN-13: 9780199277209

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199277209.001.0001

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The Three Rationales for EU Intervention in Domestic Labour Law

The Three Rationales for EU Intervention in Domestic Labour Law

(p.10) 2 The Three Rationales for EU Intervention in Domestic Labour Law
EU Intervention in Domestic Labour Law

Phil Syrpis

Oxford University Press

This chapter categorises the various objectives which EU intervention in domestic labour law may be thought to serve into three broad rationales, and draws out the implications which a commitment to each of the integrationist, economic, and social rationale may, or must, entail. Much of the focus is on the integrationist rationale, and to a critique of the various actors' understanding of the elimination of barriers to free movement and distortions of competition. It is suggested that mere differences between national laws need not be seen as problematic from the perspective of market integration — contrary to the dominant strand of the Court of Justice's case law. The impact of EMU is considered as well as the relationships between the economic and social objectives which may underlie EU intervention, in the light of the evolution of the Lisbon Strategy.

Keywords:   European Union, market integration, integrationist rationale, free movement, distortions of competition, economic rationale, social rationale, Lisbon Strategy

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