'Regime shopping' across (blurring) boundaries

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Abstract

This book chapter identifies and explores the (blurring) boundaries between the legal regimes for labour mobility across the EU. In the context of - what is sometimes called - 'regime shopping' a close look is taken into the law on freedom of movement within the EU. Several categories of transnational labour mobility are distinguished. The central focus is on the distinction between movement of migrant workers and movement of posted workers. It is concluded that legal criteria such as 'the labour market access test' and notions of what is temporary and what is habitual in the Posting of Workers Directive (PWD) and the Rome I Regulation do not result in a clear divide between the two regimes for workers' mobility. Exemplary is the special case of cross-border temporary agency workers, who seem to fall under both regimes concurrently.
Original languageEnglish
Title of host publicationRegulating Transnational Labour in Europe: The quandaries of multilevel governance
EditorsStein Evju
Place of PublicationOslo
PublisherUiO
Pages95 - 130
Number of pages35
EditionSkriftserie nr. 196
ISBN (Print)9788272362392
Publication statusPublished - 8 Jul 2014

Publication series

NameDepartment of Private Law Skriftserie
PublisherUiO
Number196
ISSN (Print)1890-4955

Keywords

  • Transnational Labour
  • Multilevel governance

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  • Cite this

    Houwerzijl, M. S. (2014). 'Regime shopping' across (blurring) boundaries. In S. Evju (Ed.), Regulating Transnational Labour in Europe: The quandaries of multilevel governance (Skriftserie nr. 196 ed., pp. 95 - 130). [Chapter 3] (Department of Private Law Skriftserie; No. 196). UiO. http://www.jus.uio.no/ifp/english/research/projects/freemov/index.html