Collective Exit Strategies: New Ideas in Transnational Labour Law

Silvana Sciarra

in The Idea of Labour Law

Published in print June 2011 | ISBN: 9780199693610
Published online September 2011 | e-ISBN: 9780191729744 | DOI:
Collective Exit Strategies: New Ideas in Transnational Labour Law

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The metaphor ‘exit strategy’ is often used in current European discussions, in connection with the impact of the economic and financial crisis. This chapter adapts the same metaphor to the role of collective actors. An accentuated mobility of companies and labour generates new transnational collective interests and challenges traditional ideas in labour law. Hierarchies of sources are frequently dismantled and denationalization takes place in regimes of standard setting. Transnational juridification of new social spheres occurs in a very open and unstructured way. Solidarity addresses issues of differentiation, rather than integration, following the needs of the most vulnerable ones, badly hit by the crisis. In this scenario, labour law is searching new answers to questions of legitimacy and power. Thus, theories of democratic representation need to be reset, facing the spreading of new transnational collective actors.

Keywords: exit strategy; crisis; transnational agreements; collective interests; solidarity; juridification; denationalization; legitimacy

Chapter.  7411 words. 

Subjects: Employment and Labour Law

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