Social dumping i kommunale indkøb

Jacob Lolch Pedersen

Student thesis: Master thesis

Abstract

This thesis is divided into three major sections followed by a final concluding chapter with the conclusion. The first chapter (chapter two) is a legal analysis which underlies the remaining thesis. This chapter outlines the basis for the issue regarding social dumping. This revolves around requirements for employment under the terms of Danish wages and working conditions of local tasks followed by a deduction of the key issues of current law. Initially, I identify the general framework of EU law in relation to the Treaty and the fundamental principles which are reviewed one by one. Secondly, the Public Procurement Directive is presented followed by a section in which the framework in relations to international law is derived. Subsequently, The Posting of Workers Directive is described including a review of the relevant regulations. Following this I present the International Labor Organization Convention No. 94 and its implementation in Danish law. This naturally leads on to the significant rulings by the European Court of Justice affecting both the International Labor Organization Convention No. 94 and the Posting of Workers Directive. These are discussed, and the importance of these is summarized. Then, I describe how municipalities are able to act within the limits of municipal authority, and the State Administration and its role. The next chapter is primarily economic. First, the concepts of efficiency and efficiens are described, followed by externalities and an analysis of the latter. Transaction costs and Coase are also presented and treated accordingly. Then, this is discussed from a perspective of harmonization in order to illustrate the problem described in Chapter 2 regarding the lack of uniformity throughout the internal market. I then proceed to an evaluation of efficiency focusing on externalities and transaction costs. The chapter is followed by a subset. The following chapter consists of a discussion of the various options for the use of labor clauses, and the problems thereof. PWD and ILO 94 are treated pari passu and draw parallels to the Danish contractual system. Then, I analyze the Danish government's position on the use of ILO 94 and PWD, in spite of the problems according to the above chapters. Finally, I consider the Danish labor market specifically in relation to ILO 94, and the various parts of suppliers that make up an inherent part of the customs of affected sectors. This leads me to a discussion of chain responsibility concluded by the final answers to the research questions posed in section 1.2.vendors that are a natural part of many industries usages. This brought on a review of chain responsibility.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2014
Number of pages64