ILO Convention No. 94 in the aftermath of the Rüffert case

Niklas Bruun, Antoine Jacobs and Marlene Schmidt
Additional contact information
Niklas Bruun: University of Helsinki, Finland, niklas.bruun@helsinki.fi
Antoine Jacobs: University of Tilburg, The Netherlands Email: ATJMJacobs@uvt.nl
Marlene Schmidt: Johann Wolfgang Goethe-University and Solicitor, Schmidt&Kollegen, Frankfurt am Main, Germany Email: M.Schmidt@Schmidt-Kollegen.com

Transfer: European Review of Labour and Research, 2010, vol. 16, issue 4, 473-488

Abstract: The purpose of this article is to discuss the ILO’s Labour Clauses (Public Contracts) Convention 1949 (Convention No. 94) and, in particular, the legal situation in the aftermath of the decision on 3 April 2008 of the European Court of Justice (ECJ) in the Rüffert case (Case C-346/06). The authors argue that the labour law concerning social clauses in public contracts is an old and well-established institution that still has an important role to play. They analyse the Rüffert case and argue that there is a conflict or contradiction between the ECJ’s judgment and Convention No. 94. The authors propose how the Posted Workers Directive 96/71/EC and the EU public procurement regime should be clarified in order to resolve this contradiction. This issue should be raised and promoted both by the EU Member States, in the aftermath of the discussions in June 2008 at the ILO Labour Conference in Geneva on Convention No. 94, and by the new Barroso Commission, which took office in spring 2010, as well as the European Parliament.

Keywords: European Court of Justice (ECJ); Posted Workers Directive; public contracts; public procurement; social clauses (search for similar items in EconPapers)
Date: 2010
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://journals.sagepub.com/doi/10.1177/1024258910382957 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sae:treure:v:16:y:2010:i:4:p:473-488

DOI: 10.1177/1024258910382957

Access Statistics for this article

More articles in Transfer: European Review of Labour and Research
Bibliographic data for series maintained by SAGE Publications ().