Informal Politics, Formalised Law and the ‘Social Deficit’ of European Integration: Reflections after the Judgments of the ECJ inVikingandLaval

摘要: The judgments of the European Court Justice (ECJ) December 2008 in Viking and Laval on compatibility national collective labour law with prerogatives have caused quite a heated critical debate. This article seeks to put this debate constitutional perspectives. In its first part, it reconstructs legal categories what Fritz W. Scharpf has characterised as decoupling economic integration from various welfare traditions Member States. constitutionalism, is submitted, bound respond problematique. second part develops perspective within which such response can be found. That supranational conflict laws realise draft Constitutional Treaty had called ‘motto union’: unitas pluralitate. Within that framework, third analyses two seemingly contradictory trends, namely, first, albeit very briefly, turn ‘soft’ modes governance realm social policy then, much greater detail, ECJ's ‘hard’ interpretations supremacy freedoms strict interpretation pertinent secondary legislation. conflict‐of‐laws approach would suggest respect for autonomy, particular, view limited EU competences field law.