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The Judicialization of Swedish Industrial Relations

Persson, Eric (2008)
Department of Law
Abstract
This thesis is essentially a political jurisprudential case study of two labor disputes and their judicial aftermaths. The two cases studied are the highly publicized Laval and Viking cases, and the theoretical model employed is Alec Stone Sweet's model on judicialization and the construction of governance. The paper is made up of six sections. After the introductory section, I introduce the reader to Stone Sweet's model, explaining its basic concepts and the logics under which it operates. Thereafter I give a short account of some of the empirical studies in which Stone Sweet has employed that same model. In the two sections that follow, I give a historical overview of the Swedish model of industrial relations and a summary of the Laval... (More)
This thesis is essentially a political jurisprudential case study of two labor disputes and their judicial aftermaths. The two cases studied are the highly publicized Laval and Viking cases, and the theoretical model employed is Alec Stone Sweet's model on judicialization and the construction of governance. The paper is made up of six sections. After the introductory section, I introduce the reader to Stone Sweet's model, explaining its basic concepts and the logics under which it operates. Thereafter I give a short account of some of the empirical studies in which Stone Sweet has employed that same model. In the two sections that follow, I give a historical overview of the Swedish model of industrial relations and a summary of the Laval and Viking cases. Finally, in section five I bring together all the elements of the preceding three sections, by employing Stone Sweet's model on the two cases in order to analyze the causes of the conflicts and their ramifications for the Swedish model of industrial relations. The study produces two findings worthy of interest. First, it lends further empirical support to the validity of Stone Sweet's model, by showing how micro-level events (two isolated labor disputes) can lead to macro-level change (the judicialization of the Swedish model of industrial relations). In this regard, it also extends the use of Stone Sweet's model into policy areas and processes - the free movement of services and Europeanization, respectively - on which it has not previously been employed. Second, the study adds some valuable insights into the motivations and dynamics that drive labor market disputes in general, and the parties involved in the Laval dispute in particular. Although it is this process-tracking which is the main purpose of the study, I also make some predictions about what we can expect to happen to the Swedish model of industrial relations in the future. In this regard, the study finds that we are likely to see an ever-increasing influence of litigation and adjudication in the field of industrial relations, and that considerations of the behavior of the judiciary will become increasingly important in determining whether to resort to collective action in labor disputes. (Less)
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author
Persson, Eric
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
EG-rätt
language
English
id
1561159
date added to LUP
2010-03-08 15:55:27
date last changed
2010-03-08 15:55:27
@misc{1561159,
  abstract     = {This thesis is essentially a political jurisprudential case study of two labor disputes and their judicial aftermaths. The two cases studied are the highly publicized Laval and Viking cases, and the theoretical model employed is Alec Stone Sweet's model on judicialization and the construction of governance. The paper is made up of six sections. After the introductory section, I introduce the reader to Stone Sweet's model, explaining its basic concepts and the logics under which it operates. Thereafter I give a short account of some of the empirical studies in which Stone Sweet has employed that same model. In the two sections that follow, I give a historical overview of the Swedish model of industrial relations and a summary of the Laval and Viking cases. Finally, in section five I bring together all the elements of the preceding three sections, by employing Stone Sweet's model on the two cases in order to analyze the causes of the conflicts and their ramifications for the Swedish model of industrial relations. The study produces two findings worthy of interest. First, it lends further empirical support to the validity of Stone Sweet's model, by showing how micro-level events (two isolated labor disputes) can lead to macro-level change (the judicialization of the Swedish model of industrial relations). In this regard, it also extends the use of Stone Sweet's model into policy areas and processes - the free movement of services and Europeanization, respectively - on which it has not previously been employed. Second, the study adds some valuable insights into the motivations and dynamics that drive labor market disputes in general, and the parties involved in the Laval dispute in particular. Although it is this process-tracking which is the main purpose of the study, I also make some predictions about what we can expect to happen to the Swedish model of industrial relations in the future. In this regard, the study finds that we are likely to see an ever-increasing influence of litigation and adjudication in the field of industrial relations, and that considerations of the behavior of the judiciary will become increasingly important in determining whether to resort to collective action in labor disputes.},
  author       = {Persson, Eric},
  keyword      = {EG-rätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Judicialization of Swedish Industrial Relations},
  year         = {2008},
}