ABSTRACT

This chapter explores how tensions between the conceptual underpinnings of intra-EU free movement and national industrial citizenship reveal market dynamics, using the example of how free movement affects industrial citizenship in Germany. It shows how one form of labour mobility, unique to the European Union, namely posted work, undermines industrial citizenship in Germany. Cosmopolitan and market-inspired ideas of European Union citizenship are associated with a confused regulatory approach in which actors, practices and legal frameworks extent across national boundaries. The chapter focuses on how posted work introducing into the German industrial relations system a class of workers with tenuous relations to the system's regulatory jurisdiction undermines industrial citizenship in Germany. It examines how labour inspectors, who should even in the absence of unions enforce German labour laws, are handicapped by an inability to operate transnationally. The chapter concludes that dominance of market concepts in the EU regulation of posted work circumvents and undermines Germany's industrial citizenship institutions.