Konflikten mellem Det Indre Marked og Den Danske Aftalemodel

Anders Frank, Mia Pough Hansen, Anders Mossin Madsen & Mille Natalie Gregersen

Studenteropgave: Semesterprojekt

Abstrakt

This report, presents an examination of the conflict between The EU Single Market and The Danish Collective Agreement Model. Central to the field of examination, have been the Laval-verdict, ruled by the European Court of Justice in 2007. This was ruled on the backdrop of a dispute, regarding whether or not voluntarily inbound collective agreements, must be abided by foreign employers equally to the conditions of payment and hiring conditions set by law. Critical realism as our theory of science has been our guideline in the project. We use the verdict on the empirical level. Through a qualitative document analysis founded in our theoretical apparatus, we seek to uncover the underlying structures in the conflict between The EU Single Market and The Danish Collective Agreement Model, which is positioned in the deep domain, according to critical realism. Our analysis is interdisciplinarily grounded in both the paradigms of the first and second modern by Ulrich Beck and a political perspective through a dialectic interaction between integration theory and historical institutionalism. The two political theories complements each other in their use of concepts. The interdisciplinarity strengthens the analysis and gives us a more nuanced view of the conflict. The examination of the conflict has been designed as a case study of the Laval-case. Composing the report, we have conducted an analysis of the Laval-case document. This is fundamental for our analysis, intending to study how The Danish Collective Agreement Model has been challenged by The EU Single Market. We have reached to the conclusion that The Danish Collective Agreement Model is conflicted by the free movement of the EU Single Market. Since the path dependency of The Agreement Model, is embedded in the political community of the Danish nationstate. According to Beck this path dependency is founded in the first modern paradigm, whereas The EU Single Market represents the globalization of the second modern paradigm, through the European political community which is subjugated to its own path dependency. The Laval-case then becomes a critical juncture for the agreement model, when EU, through its sentence, narrow down the settings, which the national political communities can act within. Therefore the agreement model has been modified with new law. We have deduced, that The EU Single Market is an expression for the path dependency of the EU, supplemented by European Court of Justice, which in the future is expected to cultivate spill-over, through the Court’s interpretation of which conditions The EU Single Market, as an economic community, needs in order to strengthen the integration within the EU.

UddannelserBasis - Samfundsvidenskabelig Bacheloruddannelse, (Bachelor uddannelse) Basis
SprogDansk
Udgivelsesdato23 jan. 2014

Emneord

  • EU
  • Globaliseringen
  • Det Indre Marked
  • Sporafhængighed
  • Danmarks aftalemodel
  • Nationalstaten
  • Politiske fællesskaber