The Centre–Periphery Antagonism in Adjudication: A Case Study on the Spatial Dimension of the Political

One of the key elements critical theory adjudication is identification an objective antagonism that at stake behind a given court case. The allows to develop axis, along which interpretive possibilities can be spread and arranged from those most favourable social group A (e.g. workers) B businesses). paper discusses famous Laval–Viking case-law was concerned with fundamental rights workers (right strike undertake collective action) their relation economic freedoms businesses, seeking escape high standards worker protection in own country either by changing flag ship convenience (Viking) or importing cheap labour force abroad, without guaranteeing equal (Laval). Whereas vast majority scholars have interpreted Viking–Laval jurisprudence as relating socio-economic opposing Slovenian scholar Damjan Kukovec has proposed alternative reading. According him, real ultimately between periphery (Central Europe, casu Baltic countries) centre (Western Scandinavian countries). By introducing spatial dimension political, entirely changes formulation underlying antagonism. engages critically Kukovec’s analysis argues interest Central European lies not selling dumping prices, but gaining same guarantees existing West.