Conceptualising Conflict Between The Economic And The Social In Eu Law After Viking And Laval

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Conceptualising Conflict Between the Economic and the Social in EU Law After Viking and Laval

Author : Dorota Leczykiewicz
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Conceptualising Conflict Between the Economic and the Social in EU Law After Viking and Laval by : Dorota Leczykiewicz

Download or read book Conceptualising Conflict Between the Economic and the Social in EU Law After Viking and Laval written by Dorota Leczykiewicz and published by . This book was released on 2020 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the economic reality of the EU that there continue to exist vast differences between old and new Member States in the level of wages and in the relative position of workers vis-à-vis employers. In Viking and Laval the Court of Justice decided not to protect trade unions, representing workers of the old and richer Member States, against their subjection to the EU principles of free movement of services and freedom of establishment. The paper argues that the judgments of Viking and Laval can be easily defended once we take account of the interests of workers from new Member States employed by companies providing services in old Member States or by companies which relocated from such states. Instead of criticising the Court for prioritising free movement rights what we should regret and criticise is the Court's decision not to give a more direct voice to posted workers or future employees of relocated companies. The article explains that a closer examination of the situation allows us to conclude with confidence that protecting free movement rights has important social benefits and therefore should not be perceived automatically as privileging economic considerations over protective policies of the Member States. Against this background the paper is putting forward three claims: that it is incorrect to view the boundary between the economic and the social in EU law as coinciding with the distinction between the internal market rights and the 'social' rights such as the right to strike; secondly, that it is incorrect to assume that social policies always serve virtuous purposes and on this ground shield these policies from judicial scrutiny; and thirdly, that the correct location of the discussion about the minimum floor of rights in the EU necessary to counteract deterioration of working conditions for all EU employees is the EU's legislative process and not judicial application of the free movement principles.

Viking, Laval and Beyond

Author : Mark R Freedland
Publisher : Hart Publishing
ISBN 13 : 9781509909919
Total Pages : 0 pages
Book Rating : 4.9/5 (99 download)

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Book Synopsis Viking, Laval and Beyond by : Mark R Freedland

Download or read book Viking, Laval and Beyond written by Mark R Freedland and published by Hart Publishing. This book was released on 2016-09-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

Viking, Laval and Beyond

Author : Mark R Freedland
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255354
Total Pages : 596 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Viking, Laval and Beyond by : Mark R Freedland

Download or read book Viking, Laval and Beyond written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2015-01-29 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

A European Social Union after the Crisis

Author : Frank Vandenbroucke
Publisher : Cambridge University Press
ISBN 13 : 1108248330
Total Pages : 563 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis A European Social Union after the Crisis by : Frank Vandenbroucke

Download or read book A European Social Union after the Crisis written by Frank Vandenbroucke and published by Cambridge University Press. This book was released on 2017-08-24 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motivate, define, and demarcate an appropriate notion of European solidarity. We must also understand the legal and political obstacles, and how these can be tacked. In short, we need unequivocal answers to questions of why, what, and how: on that basis, we can define a clear-cut normative and institutional concept. That is the remit of this book: it provides an in-depth interdisciplinary examination of the rationale and the feasibility of a European Social Union. Outstanding scholars and top-level practitioners reflect on obstacles and solutions, from an economic, social, philosophical, legal, and political perspective.

Posting of Workers in EU Law

Author : Matteo Bottero
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528648
Total Pages : 547 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Posting of Workers in EU Law by : Matteo Bottero

Download or read book Posting of Workers in EU Law written by Matteo Bottero and published by Kluwer Law International B.V.. This book was released on 2020-12-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

The EU and the Proliferation of Integration Principles under the Lisbon Treaty

Author : Francesca Ippolito
Publisher : Routledge
ISBN 13 : 1351839373
Total Pages : 196 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The EU and the Proliferation of Integration Principles under the Lisbon Treaty by : Francesca Ippolito

Download or read book The EU and the Proliferation of Integration Principles under the Lisbon Treaty written by Francesca Ippolito and published by Routledge. This book was released on 2018-09-27 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Lisbon Treaty has brought about a proliferation of “integration principles”. In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.

Research Handbook on EU Labour Law

Author : Alan Bogg
Publisher : Edward Elgar Publishing
ISBN 13 : 1783471123
Total Pages : 600 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on EU Labour Law by : Alan Bogg

Download or read book Research Handbook on EU Labour Law written by Alan Bogg and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.

Visions and Revisions of Europe

Author : Karolina Czerska-Shaw
Publisher : Göttingen University Press
ISBN 13 : 3863953827
Total Pages : 168 pages
Book Rating : 4.8/5 (639 download)

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Book Synopsis Visions and Revisions of Europe by : Karolina Czerska-Shaw

Download or read book Visions and Revisions of Europe written by Karolina Czerska-Shaw and published by Göttingen University Press. This book was released on 2018 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Visions and Revisions of Europe offers a multidisciplinary debate on the various political, social, and cultural issues that are at the heart of contemporary European discourse, with a focus on the relations between the so-called “New” and “Old” Europe. A range of possible scenarios for the future of the EU, as well as a discussion of the factors affecting current crises are at the forefront of the debate, which lead the reader to reflect upon often overlooked aspects of European integration, such as Germany’s hegemonic role in the Union, or historical narratives and myths that need to be deconstructed and critically analysed. Contemporary populist movements also play a key role, as do the often difficult processes of migration and EU mobility, which reveal the tensions, fears, and lines of exclusion in contemporary European societies. Finally, the role of values – namely an adherence to human rights and responsibility over the global social order – which in the 1970s was a cornerstone of EU discursive action and identity building, serves as a lasting point of reflection on the uncertain future of the EU’s axio-normative direction(s).

Standing to Enforce European Union Law before National Courts

Author : Hilde K Ellingsen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937153
Total Pages : 336 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Standing to Enforce European Union Law before National Courts by : Hilde K Ellingsen

Download or read book Standing to Enforce European Union Law before National Courts written by Hilde K Ellingsen and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.

The Redress of Law

Author : Emilios Christodoulidis
Publisher : Cambridge University Press
ISBN 13 : 1108802346
Total Pages : 607 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Redress of Law by : Emilios Christodoulidis

Download or read book The Redress of Law written by Emilios Christodoulidis and published by Cambridge University Press. This book was released on 2021-04-15 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human (individual and collective) flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The author redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically.

The Balance between Worker Protection and Employer Powers

Author : Nuno Cerejeira Namora
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527526097
Total Pages : 622 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis The Balance between Worker Protection and Employer Powers by : Nuno Cerejeira Namora

Download or read book The Balance between Worker Protection and Employer Powers written by Nuno Cerejeira Namora and published by Cambridge Scholars Publishing. This book was released on 2019-01-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

EU Citizenship and Federalism

Author : Dimitry Kochenov
Publisher : Cambridge University Press
ISBN 13 : 1108146112
Total Pages : 869 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis EU Citizenship and Federalism by : Dimitry Kochenov

Download or read book EU Citizenship and Federalism written by Dimitry Kochenov and published by Cambridge University Press. This book was released on 2017-04-13 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.

A European Social Union after the Crisis

Author : Frank Vandenbroucke
Publisher : Cambridge University Press
ISBN 13 : 9781108402088
Total Pages : 0 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis A European Social Union after the Crisis by : Frank Vandenbroucke

Download or read book A European Social Union after the Crisis written by Frank Vandenbroucke and published by Cambridge University Press. This book was released on 2018-12-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motivate, define, and demarcate an appropriate notion of European solidarity. We must also understand the legal and political obstacles, and how these can be tacked. In short, we need unequivocal answers to questions of why, what, and how: on that basis, we can define a clear-cut normative and institutional concept. That is the remit of this book: it provides an in-depth interdisciplinary examination of the rationale and the feasibility of a European Social Union. Outstanding scholars and top-level practitioners reflect on obstacles and solutions, from an economic, social, philosophical, legal, and political perspective.

Policy Analysis in Canada

Author : Laurent Dobuzinskis
Publisher : University of Toronto Press
ISBN 13 : 1442690771
Total Pages : 625 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Policy Analysis in Canada by : Laurent Dobuzinskis

Download or read book Policy Analysis in Canada written by Laurent Dobuzinskis and published by University of Toronto Press. This book was released on 2007-06-30 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of what some academics refer to as 'the policy analysis movement' represents an effort to reform certain aspects of government behaviour. The policy analysis movement is the result of efforts made by actors inside and outside formal political decision-making processes to improve policy outcomes by applying systematic evaluative rationality to the development and implementation of policy options. This volume offers a comprehensive overview of the many ways in which the policy analysis movement has been conducted, and to what effect, in Canadian governments and, for the first time, in business associations, labour unions, universities, and other non-governmental organizations. Editors Laurent Dobuzinskis, Michael Howlett, and David Laycock have brought together a wide range of contributors to address questions such as: What do policy analysts do? What techniques and approaches do they use? What is their influence on policy-making in Canada? Is there a policy analysis deficit? What norms and values guide the work done by policy analysts working in different institutional settings? Contributors focus on the sociology of policy analysis, demonstrating how analysts working in different organizations tend to have different interests and to utilize different techniques. They compare and analyze the significance of these different styles and approaches, and speculate about their impact on the policy process.

Social Rights and Market Freedom in the European Constitution

Author : Stefano Giubboni
Publisher : Cambridge University Press
ISBN 13 : 1139447785
Total Pages : 266 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Social Rights and Market Freedom in the European Constitution by : Stefano Giubboni

Download or read book Social Rights and Market Freedom in the European Constitution written by Stefano Giubboni and published by Cambridge University Press. This book was released on 2006-01-12 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.

The Legal Construction of Personal Work Relations

Author : Mark Freedland FBA
Publisher : OUP Oxford
ISBN 13 : 0191622117
Total Pages : 496 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Legal Construction of Personal Work Relations by : Mark Freedland FBA

Download or read book The Legal Construction of Personal Work Relations written by Mark Freedland FBA and published by OUP Oxford. This book was released on 2011-12-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.