Employment Law at the European Court of Justice

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847314465
Total Pages : 320 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Employment Law at the European Court of Justice by : Siófra O'Leary

Download or read book Employment Law at the European Court of Justice written by Siófra O'Leary and published by Bloomsbury Publishing. This book was released on 2002-12-18 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the fact that the case-law of the European Court of Justice on employment related issues has become increasingly erratic of late,there is no denying the centrality of the Court's role in the development of EC employment law. Though concentration on the work of the Court of Justice may no longer be in vogue, this book examines its contribution in the employment law field in its political and economic context, as well as with reference to the juridical structures within which the Community's judicial arm is obliged to operate. The objective is not simply to critique the employment jurisprudence of the Court but also to examine the procedural, operational and structural context in which the Court of Justice is obliged to work and to reflect on how this context may affect the jurisprudential outcome. The book focuses, in particular, on the shortcomings of the preliminary reference procedure. When the Court of Justice hands down decisions in the employment law field, Article 234 EC dictates a particular type of judicial dialogue between it and the national referring courts. It is contended that the dual dispute resolution/public interest nature of the Court's role in the preliminary reference procedure goes some way to explaining why its answers are often regarded as unsatisfactory from the perspective of the referring court and “users” of EC law generally. The book further outlines the developing Community policy on employment and reflects on the effect which this nascent policy may have on the balancing exercises which the Court is inevitably called upon to perform in a variety of social policy contexts. Finally, part two of the book examines specific substantive areas of EC employment law. The policy considerations at play in the case-law of the Court are discussed in detail, as is the coherence of this case-law with the Community's political stance on employment.

Employment Law at the European Court of Justice

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Publisher :
ISBN 13 : 9781472562685
Total Pages : 316 pages
Book Rating : 4.5/5 (626 download)

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Book Synopsis Employment Law at the European Court of Justice by : Síofra O'Leary

Download or read book Employment Law at the European Court of Justice written by Síofra O'Leary and published by . This book was released on 2002 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the fact that the case-law of the European Court of Justice on employment related issues has become increasingly erratic of late, there is no denying the centrality of the Court?s role in the development of EC employment law. Though concentration o.

EC Employment Law

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Publisher :
ISBN 13 :
Total Pages : 524 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis EC Employment Law by : Catherine Barnard

Download or read book EC Employment Law written by Catherine Barnard and published by . This book was released on 1995-11-09 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment law directly affects the rights and welfare of every citizen. With a workforce of over 164 million people, the EC faces a formidable task in implementing the social measures which have accompanied the foundation of a single economic market. This book provides a thorough and authoritative guide to EC employment law within a social and economic context. It also provides extensive coverage of complex equality case law and legislation

European Employment Law, 2nd Edition Hb

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Publisher :
ISBN 13 : 9781839701511
Total Pages : 1016 pages
Book Rating : 4.7/5 (15 download)

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Book Synopsis European Employment Law, 2nd Edition Hb by : Karl Riesenhuber

Download or read book European Employment Law, 2nd Edition Hb written by Karl Riesenhuber and published by . This book was released on 2022-03-07 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.00The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers.

Basics on European Social Law

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Publisher : Linde Verlag GmbH
ISBN 13 : 3709411386
Total Pages : 175 pages
Book Rating : 4.7/5 (94 download)

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Book Synopsis Basics on European Social Law by : Christina Hießl

Download or read book Basics on European Social Law written by Christina Hießl and published by Linde Verlag GmbH. This book was released on 2021-01-07 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.

European Employment Law

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Publisher :
ISBN 13 : 9781780680804
Total Pages : 0 pages
Book Rating : 4.6/5 (88 download)

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Book Synopsis European Employment Law by : Karl Riesenhuber

Download or read book European Employment Law written by Karl Riesenhuber and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: European employment law is becoming increasingly important. Its impact upon domestic law of the Member States is growing in fields such as fixed-term employment contracts, collective redundancies, and industrial action. This book therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms, and competences of the EU in the field of employment law. A systematic presentation of the conflict of law rules then follows: the Rome I and Rome II Regulations, the Posting of Workers Directive, and the Brussels Regulation on the recognition and enforcement of judgments. Subsequently, the book focuses upon individual labor law which, at the EU level, is principally composed of: rules on non-discrimination, the protection of safety and health, and working time; rules on atypical forms of employment (part-time, fixed-term, and temporary agency work) and special groups of employees (mothers, parents, and young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer, and insolvency. This is followed by a discussion of collective labor law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, as well as employment law rules contained in the Directive on cross-border mergers. (Series: Ius Communitatis - Vol. 4)

The Concept of 'worker' in EU Law. Status Quo and Potential for Change

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Publisher :
ISBN 13 : 9782874524745
Total Pages : 66 pages
Book Rating : 4.5/5 (247 download)

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Book Synopsis The Concept of 'worker' in EU Law. Status Quo and Potential for Change by : Martin Risak

Download or read book The Concept of 'worker' in EU Law. Status Quo and Potential for Change written by Martin Risak and published by . This book was released on 2018 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the changing world of work and the emergence of new forms of employment that are often in the grey zone between traditional employment and self-employment the question of the scope of protection of labour and employment law becomes again more urgent.00Although defining the concept of worker is thus of utmost (and growing) importance, it is not legally defined (yet) at EU level, but has been shaped by numerous decisions of the Court of Justice of the European Union (CJEU, formerly European Court of Justice (ECJ)). This report analyses this jurisprudence and explores how and whether the underlying concept of worker is able to adapt to the changes in the world of work and still fit for purpose to protect those who are in need of protection.00Based on this, the study develops a European concept of worker which would be adapted to the new forms of employment namely to the self-employed that are in need of protection to a similar extent as traditional employees.

Labor Law. The Basics

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Publisher : GRIN Verlag
ISBN 13 : 3346239268
Total Pages : 141 pages
Book Rating : 4.3/5 (462 download)

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Book Synopsis Labor Law. The Basics by : Biljana Chavkoska

Download or read book Labor Law. The Basics written by Biljana Chavkoska and published by GRIN Verlag. This book was released on 2020-09-02 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Document from the year 2020 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: The basic idea for creating the European Union is the Internal Market where free movement of people, capital, services and goods is established. The creation of the Internal Market is the central raison d’etre of the EU existence. The freedom of movement of people is one of the four freedoms of the Internal Market. The right to move is the basic right of the European citizens. The realization of this freedom was harder than practicing the free movement of capital, services and goods. Therefore, the European Union is still taking subsequent actions for realization of the freedom of movement of people. At the beginning, the freedom of movement of people was available just for the working population, but latter on the freedom of movement included all the categories of citizens, students, retired people and people who are not economically active. Throughout the years European Union makes efforts to change the approach towards the third country nationals, especially the working population as one of the conditions for fulfillment of the Lisbon Strategy goals. The European Union adopted important primary, secondary law and case law of the European Court of Justice such as the Association Agreements regulating the freedom of movement of third country workers. These Association Agreements with Third Countries provide articles for free movement of third country workers in the European Union and vice versa. For a long time, the Association Agreements are the basic law regulating the freedom of movement of third country workers. The European Court of Justice played important role in interpreting the articles for freedom of movement of workers and giving direct effect in the national laws of the Member States. In the last two years European Union has adopted secondary law for improving the status of third country workers especially for highly qualified workers. The entrance of highly qualified workers in the Member States is important for realization of the economic growth and development, such as decreasing the unemployment rate.

The European Convention on Human Rights and the Employment Relation

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Publisher : A&C Black
ISBN 13 : 1782252118
Total Pages : 493 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The European Convention on Human Rights and the Employment Relation by : Filip Dorssemont

Download or read book The European Convention on Human Rights and the Employment Relation written by Filip Dorssemont and published by A&C Black. This book was released on 2014-07-18 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Research Handbook on EU Labour Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783471123
Total Pages : 592 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 592 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.

The Charter of Fundamental Rights of the European Union and the Employment Relation

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922652
Total Pages : 707 pages
Book Rating : 4.5/5 (99 download)

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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 707 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).

Labour Law in the Courts

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Publisher :
ISBN 13 : 9781472562289
Total Pages : 316 pages
Book Rating : 4.5/5 (622 download)

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Book Synopsis Labour Law in the Courts by : Silvana Sciarra

Download or read book Labour Law in the Courts written by Silvana Sciarra and published by . This book was released on 2001 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Industrial Relations V. National Industrial Relations

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127704
Total Pages : 360 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Industrial Relations V. National Industrial Relations by : Mia Rönnmar

Download or read book EU Industrial Relations V. National Industrial Relations written by Mia Rönnmar and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1996 concerning the posting of workers in the framework of the provision of services, Official Journal L 18 of 21 January 1997, pp. 1-6. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the international market, Official Journal L 376 of 27 December 2006, pp. 36-68. Judgement of the European Court of Justice Laval un Partneri Ltd v. Svenska Byggnadsarbetareforbundet, Case C-341/05 [2007] ECR I-000. Judgement of the European Court of Justice International Transport Workers' Federation v. Viking Line ABP, Case C-438/05 [2007] ECR I-000. Table of cases from the European Court of Justice. Index

EU Labour Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 178100515X
Total Pages : 304 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis EU Labour Law by : Anne C. L. Davies

Download or read book EU Labour Law written by Anne C. L. Davies and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'I feel confident that this book will be judged to have made a very significant contribution to the study of European labour law. It fills a particular niche within the rich existing literature by providing a lucid, accessible, and succinct thematic overview of the subject, in much the same way as the author has so successfully done for the study of British labour law in her work on perspectives on labour law.' – Mark Freedland, Oxford University, UK 'EU law, shaped both judicially and at the legislative level, disrupts national labour law – perhaps for good reasons, perhaps for bad reasons, sometimes for reasons which are elusive. Challenges of an intellectual and practical nature confront those trying to pick a path through material accumulated over several decades – and intrigue those thinking about the future of the European Social Model. This book offers an insightful, thoughtful and inspiring account of the nature(s) and purpose(s) of EU labour law and is a hugely welcome addition to the literature.' – Stephen Weatherill, Somerville College, Oxford, UK EU Labour Law is a concise, readable and thought-provoking introduction to the labour and employment law of the European Union. The book explores the subject's major policy themes, examines the various procedures by which EU labour law is made, and analyses key topics such as worker migration, equality, working time and procedures for workers' participation in employers' decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labour law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU. This accessible yet rigorous book will appeal to undergraduate and postgraduate law students, academics and practitioners working on domestic and EU labour and employment law, as well as those with an interest in this increasingly important subject from the perspective of business and management, economics, sociology or politics.

European Employment Law

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Author :
Publisher : Thorogood Publishing
ISBN 13 : 1854186841
Total Pages : 1 pages
Book Rating : 4.8/5 (541 download)

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Book Synopsis European Employment Law by : Patricia Leighton

Download or read book European Employment Law written by Patricia Leighton and published by Thorogood Publishing. This book was released on 2010-06-15 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report effectively explains the practical impact of law, especially case law, from the European Court of Justice and distinguishes how this law works compared with the common law and UK legislation. It is designed to allow for those who want a comprehensive overview but also for those who wish to 'dip-in' to a specific topic. This report is designed to be accessible and is targeted at employers, HR managers, legal advisors, students of employment law, and those that need to have a practical understanding about the origins, nature and detail of employment law that originates from the EU.

Modern Employment Law

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Publisher :
ISBN 13 : 9780750623865
Total Pages : 362 pages
Book Rating : 4.6/5 (238 download)

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Book Synopsis Modern Employment Law by : Michael Whincup

Download or read book Modern Employment Law written by Michael Whincup and published by . This book was released on 1995 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the complexities of labour law. This eighth edition has been revised to keep readers informed of the many major developments which have recently occurred in this area, in particular those brought about by European Union Directives and the decisions of the European Court of Justice.

The Charter of Fundamental Rights of the European Union and the Employment Relation

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922660
Total Pages : 707 pages
Book Rating : 4.5/5 (99 download)

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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 707 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).