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Effective Enforcement Of Ec Labour Law
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Book Synopsis Effective Enforcement of EC Labour Law by : Jonas Malmberg
Download or read book Effective Enforcement of EC Labour Law written by Jonas Malmberg and published by Kluwer Law International. This book was released on 2003-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective Enforcement of EC Labour Law deals with the rules designed to enforce EC labour law directives in the workplace. Directives normally do not provide any specific rules on procedures and sanctions according to which the substantive rules of the directives are to be enforced. Instead, domestic rules shall apply. However, the European Court of Justice has developed some principles of enforcement that limit the autonomy of the Member States. The aim of this book is to analyse the meaning of the principle of effective enforcement developed by the Court in three areas of labour law: working time in the context of EU health and safety law; the restructuring of enterprises through collective redundancies and transfers of undertakings; and equality of opportunity between women and men. The principle of effective enforcement is analysed in the light of how labour law directives are enforced in France, Germany, Italy, the Netherlands, Sweden and the UK. The book also includes an analysis of regulations in Poland, which illustrates some of the challenges that candidate countries will face in joining the EU. Effective Enforcement of EC Labour Law is the result of collaboration between a group of labour law researchers from a number of European countries. The work has been co-ordinated by Jonas Malmberg, Associate Professor at the National Institute for Working Life, Stockholm, and Uppsala University.
Book Synopsis Effective Enforcement of EU Labour Law by : Zane Rasnaca
Download or read book Effective Enforcement of EU Labour Law written by Zane Rasnaca and published by Bloomsbury Publishing. This book was released on 2022-08-11 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.
Book Synopsis Monitoring Fundamental Rights in the EU by : Philip Alston
Download or read book Monitoring Fundamental Rights in the EU written by Philip Alston and published by Hart Publishing. This book was released on 2005-02 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to examine the creation and function of the EU Fundamental Rights Agency.
Book Synopsis European Labour Law by : Brian Bercusson
Download or read book European Labour Law written by Brian Bercusson and published by Cambridge University Press. This book was released on 2009-07-09 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extensively updated second edition explores how individual European labour law systems combine to produce a distinctly European transnational system.
Book Synopsis Research Handbook on the Enforcement of EU Law by : Miroslava Scholten
Download or read book Research Handbook on the Enforcement of EU Law written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.
Book Synopsis Regulating Labour in the Wake of Globalisation by : Brian Bercusson
Download or read book Regulating Labour in the Wake of Globalisation written by Brian Bercusson and published by Bloomsbury Publishing. This book was released on 2008-01-10 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the prevailing response to the problem of unacceptable labour market outcomes in both Europe and North America - national regulation of labour standards and labour relations, coupled with collective bargaining - has come under increasing pressure from the economic and technological forces associated with globalisation. As those forces have shifted power away from national governments and labour unions and toward capital, the appropriate institutional locus of labour regulation has become hotly contested. There have been efforts to move the locus of regulation downward to smaller units of governance, including firms themselves, upward to larger units such as regional federations and international organizations, and outward to non-governmental organizations and civil society. In this volume, labour relations scholars from North America and Europe examine the efficacy of these emerging forms of labour regulation, their democratic legitimacy, the goals and values underlying them, and the appropriate direction of reform.
Book Synopsis Freedom of Services in the European Union by : Roger Blanpain
Download or read book Freedom of Services in the European Union written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with European labour law and industrial relations. It covers legislation concerning relations between employers and employees, collective agreements and the case law of the Court of Justice, as well as the structure and strategies of the social actors. The book consists of three parts: a general section devoted to individual labour law and a section that deals with collective labour law
Book Synopsis The European Private International Law of Employment by : Uglješa Grušić
Download or read book The European Private International Law of Employment written by Uglješa Grušić and published by Cambridge University Press. This book was released on 2015-05-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Private International Law of Employment provides a descriptive and normative account of the European rules of jurisdiction and choice of law which frame international employment litigation in the courts of EU Member States. The author outlines the relevant rules of the Brussels I Regulation Recast, the Rome Regulations, the Posted Workers Directive and the draft of the Posting of Workers Enforcement Directive, and assesses those rules in light of the objective of protection of employees. By using the UK as a case study, he also highlights the impact of the 'Europeanisation' of private international law on traditional perceptions and rules in this field of law in individual Member States. For example, the author demonstrates that the private international law of the EU is fundamentally reshaping English conflict of laws by almost completely merging the traditionally perceived contractual, statutory and tortious claims into one claim for choice-of-law purposes.
Book Synopsis Extending Working Life for Older Workers by : Alysia Blackham
Download or read book Extending Working Life for Older Workers written by Alysia Blackham and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the 'ageing challenge' and achieve instrumental and intrinsic objectives in the context of employment, it is unclear what impact they are having in practice. This monograph addresses two overarching research questions in the employment field: How are UK age discrimination laws operating in practice? How (if at all) could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. This book demonstrates the substantial limitations of the Equality Act 2010 (UK) for achieving instrumental and intrinsic objectives. Drawing on qualitative expert interviews, statistical analysis and organisational case studies, it illustrates the failure of age discrimination laws to achieve attitudinal change in the UK, and reveals the limited prevalence of proactive measures to support older workers. Integrating doctrinal analysis, comparative analysis of Finnish law, and the Delphi method, it proposes targeted legal and policy changes to address demographic change, and offers an agenda for reform that may increase the impact of age discrimination laws, and enable them to respond effectively to demographic ageing. Runner up of the 2017 SLS Peter Birks Prize for Outstanding Legal Scholarship. The author was also awarded the 2020 ISA-RCSL Adam Podgórecki Junior Prize.
Author :Herbert Smith Professor of Law Piet Eeckhout Publisher :Oxford University Press, USA ISBN 13 :0199571252 Total Pages :779 pages Book Rating :4.1/5 (995 download)
Book Synopsis Yearbook of European Law 2009 by : Herbert Smith Professor of Law Piet Eeckhout
Download or read book Yearbook of European Law 2009 written by Herbert Smith Professor of Law Piet Eeckhout and published by Oxford University Press, USA. This book was released on 2010-02-25 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 28th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice. This year's issue includes a special symposium on the recent Kadi case in the European Court of Justice, with contributions by Giorgio Gaja, Christian Tomuschat, Enzo Cannizzaro, Riccardo Pavoni and Martin Scheinin.
Book Synopsis Labour Laws and Global Trade by : B. A. Hepple
Download or read book Labour Laws and Global Trade written by B. A. Hepple and published by Hart Publishing. This book was released on 2005-03-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation.
Book Synopsis The Transformation of Labour Law in Europe by : Bob Hepple
Download or read book The Transformation of Labour Law in Europe written by Bob Hepple and published by Bloomsbury Publishing. This book was released on 2009-09-02 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: The labour laws of European democracies all underwent major transformations in the seven decades after the Second World War. Following reconstruction, these laws became an essential element in the building of welfare states; in the 1980s and 1990s they were the target of neo-liberal deregulation; and at the beginning of the 21st century new 'flexible' labour laws have attempted to integrate economic and social policy. This book, a sequel to 'The Making of Labour Law in Europe- A Comparative Study of Nine Countries up to 1945' (ed. B Hepple), compares the similarities and differences in the ways in which EU Member States reflected and shaped these general developments, in the context of economic, social and political changes over the period 1945-2004. Note: the Publishers are issuing a reprint of the first volume, 'The Making of Labour Law in Europe - A Comparative Study of Nine Countries up to 1945' to coincide with publication of the sequel. The great strength of the collection is on the focus on context, with chapters looking at developments in labour market trends and structures of worker represntation.
Book Synopsis Variations on a theme? The implementation of the EWC Recast Directive by : Romuald Jagodzinski
Download or read book Variations on a theme? The implementation of the EWC Recast Directive written by Romuald Jagodzinski and published by ETUI. This book was released on 2015-09-30 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1994, the EU has established mechanisms for information and consultation procedures for workers in transnational companies (European Works Councils Directive 94/45/EC). In 2009, the EWC Directive was reviewed and amended (Recast EWC Directive 2009/38/EC). The year 2016 will see the formal conclusion of a new evaluation procedure designed to ascertain whether the improvements of 2009 have had any impact on the EWC's conditions of operation and whether any further amendements should be considered. This book assesses in detail the ways in which key improvements brought about by the 2009 EWC Recast Directive have been implemented in national legislation. The authors of the book have looked into the national transposition legislation of the 31 countries of the European Economic Area. The findings are very relevant for EU policy-making and for practitioners to deal with differing national legislative regimes.
Book Synopsis The Future of Remedies in Europe by : Claire Kilpatrick
Download or read book The Future of Remedies in Europe written by Claire Kilpatrick and published by Bloomsbury Publishing. This book was released on 2000-12-05 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies lie at the heart of European legal systems. They both reflect and shape the balance of power between states and individuals and between state and supranational institutions. These profound political implications can be better understood by thinking about the functional roles and institutional histories of remedies. These implications,roles and histories are considered in this volume of challenging and original essays on remedial systems in Europe. This book explores the lively and often controversial dialogues between courts, national and supranational, on remedies. In so doing, it addresses the adequacy of these dialogues in the light of perceived systemic goals, both in an overall institutional sense and as regards specific sectoral objectives or institutional actors' aspirations. In particular, the book looks at the way in which remedies in the EC legal order interact with those in other legal orders such as the Council of Europe and private international law. It also identifies problems of interaction between different Council of Europe mechanisms under the Convention on Human Rights and the Social Charter. The book also examines the contribution of courts to remedial systems by considering other methods of formulating and redressing claims. Contributors: Claire Kilpatrick, Takis Tridimas, Leo Flynn, Antonio Lo Faro, Carol Harlow, Steve Weatherill, Bernard Ryan, Miguel Poiares Maduro, Henry G.Schermers, Angela Ward, Paul Beaumont, Robin White, Phil Syrpis, Tonia Novitz, Richard Rawlings.
Book Synopsis The Charter of Fundamental Rights of the European Union and the Employment Relation by : Filip Dorssemont
Download or read book The Charter of Fundamental Rights of the European Union and the Employment Relation written by Filip Dorssemont and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).
Book Synopsis Globalisation and Jurisdiction by : Pieter J. Slot
Download or read book Globalisation and Jurisdiction written by Pieter J. Slot and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The spectacular growth of the international economy over the past decades has called for a more intensive role for the law, and probably also a different kind of law. In 2002, the Europa Instituut of Leiden University convened a seminar to discuss the various responses to the challenges posed by globalism in different fields of economic activity and legal practice. Their presentations are presented in this book in a more formal and extensive format.
Book Synopsis The Law on Age Discrimination in the EU by : Malcolm Sargeant
Download or read book The Law on Age Discrimination in the EU written by Malcolm Sargeant and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book--written by national experts in eight Member States and at the EU level--considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: * what legislation has been adopted in each country * the development of the case law that exists in some States * the demographic imperative existing in each country * measures taken to improve the position of young people * retirement and the exit from the workforce of older workers * the approach and case law of the European Court of Justice As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study
