Reimagining Public Procurement Law After Brexit

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Reimagining Public Procurement Law After Brexit by : Sue Arrowsmith

Download or read book Reimagining Public Procurement Law After Brexit written by Sue Arrowsmith and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Working Paper outlines proposals for reforming public procurement law after Brexit. The proposals are set out on the basis that the UK will become a party to the World Trade Organization's Agreement on Government Procurement (GPA) and that the GPA will also provide the main constraint for regulation.It is proposed, first, that a new hard law regime should regulate not mainly to ensure open markets, as with the current regulations that give effect to EU requirements, but for eight key objectives (to be stated in the legislation a relevant for interpretation), namely: value for money, integrity, accountability, equal treatment, fair treatment of suppliers; effective implementation of industrial, social and environmental objectives; opening markets; and an efficient procurement process. It is then argued that reform should be based on seven principles: an open contracting approach; a single and uniform regime for the Westminster jurisdiction; significant legislative simplification involving a shift from hard to soft law; use of familiar concepts, rules and terminology where appropriate; a rebalancing of interests (away from open market objectives towards value for money, sustainability and reduced procedural costs) and a related shift in regulatory strategy to increase flexibility; a more effective and balanced approach to enforcement; and a common framework across UK jurisdictions. Translating this into concrete reforms, the paper proposes that there should be a single set of regulations to replace the regulations that transpose the EU procurement directives and to cover all other public procurement rules. They should provide a largely unitary regime, removing the distinctions between “regular” public contracts, utilities contracts, defence and security contracts and concessions; and this regime should take as its starting point the approach of the 1990 Utilities Directive (Directive 90/531).Such an approach represents a significant policy shift, offering to a large extent the maximum flexibility afforded by the GPA and also improving the quality of legislation, but in such a way as to preserve benefits of familiarity and certainty.

Reimagining Public Procurement Law After Brexit

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Reimagining Public Procurement Law After Brexit by : Sue Arrowsmith

Download or read book Reimagining Public Procurement Law After Brexit written by Sue Arrowsmith and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Working Paper outlines proposals for reforming public procurement law after Brexit. The proposals are set out on the basis that the UK will become a party to the World Trade Organization's Agreement on Government Procurement (GPA) and that the GPA will also provide the main constraint for regulation.It is proposed, first, that a new hard law regime should regulate not mainly to ensure open markets, as with the current regulations that give effect to EU requirements, but for eight key objectives (to be stated in the legislation a relevant for interpretation), namely: value for money, integrity, accountability, equal treatment, fair treatment of suppliers; effective implementation of industrial, social and environmental objectives; opening markets; and an efficient procurement process. It is then argued that reform should be based on seven principles: an open contracting approach; a single and uniform regime for the Westminster jurisdiction; significant legislative simplification involving a shift from hard to soft law; use of familiar concepts, rules and terminology where appropriate; a rebalancing of interests (away from open market objectives towards value for money, sustainability and reduced procedural costs) and a related shift in regulatory strategy to increase flexibility; a more effective and balanced approach to enforcement; and a common framework across UK jurisdictions. Translating this into concrete reforms, the paper proposes that there should be a single set of regulations to replace the regulations that transpose the EU procurement directives and to cover all other public procurement rules. They should provide a largely unitary regime, removing the distinctions between “regular” public contracts, utilities contracts, defence and security contracts and concessions; and this regime should take as its starting point the approach of the 1990 Utilities Directive (Directive 90/531).Such an approach represents a significant policy shift, offering to a large extent the maximum flexibility afforded by the GPA and also improving the quality of legislation, but in such a way as to preserve benefits of familiarity and certainty.

Reforming Public Procurement Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509968008
Total Pages : 363 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Reforming Public Procurement Law by : Annamaria La Chimia

Download or read book Reforming Public Procurement Law written by Annamaria La Chimia and published by Bloomsbury Publishing. This book was released on 2024-07-04 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.

EU Public Procurement Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857938428
Total Pages : 545 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis EU Public Procurement Law by : Christopher Bovis

Download or read book EU Public Procurement Law written by Christopher Bovis and published by Edward Elgar Publishing. This book was released on 2012 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: ïThe Second Edition of EU Public Procurement Law provides a comprehensive view of the policies, legislation and cases that define this area of law. Written from a pan-European perspective, it will be a useful guide for students and practitioners alike. As well as describing the public contracts, utilities and remedies directives, this work details the European cases that have shaped the law and the relationship between procurement law and other forms of regulation such as state aid. Of particular interest to the practitioner, there are specific sections on remedies, evaluation criteria and different forms of procurement such as services concessions, public-private partnerships and public-public partnerships.Í _ Hazel Grant, Partner, Bristows, London, UK Acclaim for first edition: ïThis book will serve as an essential resource for anyone interested in the legal regime of public procurement. It offers a comprehensive and topical analysis of EU law and its interaction with national law and policies in an area of growing economic importance.Í _ Ruth Nielsen, Copenhagen Business School, Denmark In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the its Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.

Combatting Corruption and Collusion in Public Procurement

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Publisher : Oxford University Press
ISBN 13 : 0192882996
Total Pages : 385 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Combatting Corruption and Collusion in Public Procurement by : Robert D. Anderson

Download or read book Combatting Corruption and Collusion in Public Procurement written by Robert D. Anderson and published by Oxford University Press. This book was released on 2024-03-06 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Corruption' in public procurement typically involves procurement decisions taken in favour of preferred bidders in exchange for improper compensation (the acceptance of bribes, for example), while supplier collusion refers to a type of cartel activity, in which firms rig their bids in a tendering process. Although these practices are distinct, they frequently occur together in the public procurement context, reinforcing one another. Combatting Corruption and Collusion in Public Procurement: A Challenge for Governments Worldwide examines the causes of corruption and collusion in the public procurement sphere, its resulting harm, and how states can best try to combat these practices. This book provides a legal, economic, and practical analysis of issues concerning corruption and supplier collusion in public procurement, both generally and in seven diverse and representative jurisdictions: the United Kingdom, the United States, Brazil, Hungary and Poland, Ukraine, and Canada. It encompasses a discussion of both 'generic' cross-jurisdictional issues and specific proposals for individual jurisdictions. It offers practical guidance on building robust regimes for combatting corruption and collusion in public procurement and how to bolster and improve them when they are faltering. The book stresses the need for a multi-faceted and joined-up approach to the problems, emphasizing the importance both of enhanced investment in the effective enforcement of anti-corruption and cartel laws and of increasing the resilience of public procurement systems to corruption and collusion through a range of measures. The relevance of the topic to the social and economic well-being of citizens and the survival of democratic governance is highlighted throughout the book. Pioneering and comprehensive, Combatting Corruption and Collusion in Public Procurement provides a pathbreaking analysis of a range of global issues, making it an essential read for scholars, lawyers, government officials and representatives of international and non-governmental organizations around the world.

Public Procurement Regulation in (a) Crisis?

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509943048
Total Pages : 520 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Public Procurement Regulation in (a) Crisis? by : Sue Arrowsmith

Download or read book Public Procurement Regulation in (a) Crisis? written by Sue Arrowsmith and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery. With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world's leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.

European Public Procurement

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Publisher : Edward Elgar Publishing
ISBN 13 : 1789900689
Total Pages : 1040 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis European Public Procurement by : Caranta, Roberto

Download or read book European Public Procurement written by Caranta, Roberto and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.

A Research Agenda for Administrative Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800883765
Total Pages : 343 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis A Research Agenda for Administrative Law by : Carol Harlow

Download or read book A Research Agenda for Administrative Law written by Carol Harlow and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.

The Law & Politics of Brexit

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Publisher : Oxford University Press
ISBN 13 : 0192539809
Total Pages : 359 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Law & Politics of Brexit by : Federico Fabbrini

Download or read book The Law & Politics of Brexit written by Federico Fabbrini and published by Oxford University Press. This book was released on 2017-10-13 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance. This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as on the status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, and Economic and Monetary Union. Finally, the book looks to the mid to long-term future, and discusses the prospects for relaunching the EU after Brexit.

The Law of Public and Utilities Procurement

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Publisher :
ISBN 13 : 9780414024922
Total Pages : pages
Book Rating : 4.0/5 (249 download)

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Book Synopsis The Law of Public and Utilities Procurement by : Sue Arrowsmith

Download or read book The Law of Public and Utilities Procurement written by Sue Arrowsmith and published by . This book was released on 2018-10-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of a work regarded as "the bible" on procurement issues provides a detailed analysis of the legal and policy framework for procurement in the EU and UK. It includes detailed explanations and critique of the impact of the important new EU directives that will be adopted in 2014

The Law of Global Governance

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Publisher : BRILL
ISBN 13 : 9004279121
Total Pages : 334 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Law of Global Governance by : Eyal Benvenisti

Download or read book The Law of Global Governance written by Eyal Benvenisti and published by BRILL. This book was released on 2014-06-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.

World Cities Report 2020

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Publisher :
ISBN 13 : 9789211328721
Total Pages : 416 pages
Book Rating : 4.3/5 (287 download)

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Book Synopsis World Cities Report 2020 by : United Nations

Download or read book World Cities Report 2020 written by United Nations and published by . This book was released on 2020-11-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a rapidly urbanizing and globalized world, cities have been the epicentres of COVID-19 (coronavirus). The virus has spread to virtually all parts of the world; first, among globally connected cities, then through community transmission and from the city to the countryside. This report shows that the intrinsic value of sustainable urbanization can and should be harnessed for the wellbeing of all. It provides evidence and policy analysis of the value of urbanization from an economic, social and environmental perspective. It also explores the role of innovation and technology, local governments, targeted investments and the effective implementation of the New Urban Agenda in fostering the value of sustainable urbanization.

Financialising City Statecraft and Infrastructure

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788118952
Total Pages : 360 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Financialising City Statecraft and Infrastructure by : Andy Pike

Download or read book Financialising City Statecraft and Infrastructure written by Andy Pike and published by Edward Elgar Publishing. This book was released on 2019 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financialising City Statecraft and Infrastructure addresses the struggles of national and local states to fund, finance and govern urban infrastructure. It develops fresh thinking on financialisation and city statecraft to explain the socially and spatially uneven mixing of managerial, entrepreneurial and financialised city governance in austerity and limited decentralisation across England. As urban infrastructure fixes for the London global city-region risk undermining national ‘rebalancing’ efforts in the UK, city statecraft in the rest of the country is having uneasily to combine speculation, risk-taking and prospective venturing with co-ordination, planning and regulation.

Infrastructure in a Changing World

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Author :
Publisher : Ledizioni
ISBN 13 : 8855262696
Total Pages : 149 pages
Book Rating : 4.8/5 (552 download)

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Book Synopsis Infrastructure in a Changing World by : Carlo Secchi

Download or read book Infrastructure in a Changing World written by Carlo Secchi and published by Ledizioni. This book was released on 2020-07-01 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world on the brink of a global recession caused by the COVID-19 global pandemic, the infrastructure efforts of today and tomorrow are more crucial than ever.For one, they are an indispensable countercyclical tool to mitigate the negative effects of the economic paralysis.But they also constitute a pivotal component for a country’s development, raising its competitiveness in the long term. That is why infrastructure will continue to play a critical role even when the pandemic crisis has been tamed.Rapid demographic growth, increasing urbanization, especially in developing countries, coupled with the ounting challenge posed by climate change, are trends that are not going to disappear with the virus.How to cope with these global, long-term trends? How to finance the increasing need for infrastructure? Which major international actors will take the lead? And what role will technology play in shaping the future of infrastructure?

Principles of Management

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Publisher :
ISBN 13 : 9781998109166
Total Pages : 0 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Principles of Management by : David S. Bright

Download or read book Principles of Management written by David S. Bright and published by . This book was released on 2023-05-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. Principles of Management is designed to meet the scope and sequence requirements of the introductory course on management. This is a traditional approach to management using the leading, planning, organizing, and controlling approach. Management is a broad business discipline, and the Principles of Management course covers many management areas such as human resource management and strategic management, as well as behavioral areas such as motivation. No one individual can be an expert in all areas of management, so an additional benefit of this text is that specialists in a variety of areas have authored individual chapters.

The UN Friendly Relations Declaration at 50

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Publisher : Cambridge University Press
ISBN 13 : 1108662307
Total Pages : 1047 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The UN Friendly Relations Declaration at 50 by : Jorge E. Viñuales

Download or read book The UN Friendly Relations Declaration at 50 written by Jorge E. Viñuales and published by Cambridge University Press. This book was released on 2020-10-08 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.

Better Work

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Publisher : Springer Nature
ISBN 13 : 303078682X
Total Pages : 209 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Better Work by : Monique Kremer

Download or read book Better Work written by Monique Kremer and published by Springer Nature. This book was released on 2021-11-13 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Open Access book provides a thorough analysis of the quality of work in the Netherlands, and suggests policy proposals to promote and facilitate good work for more people. New technology, flexibilization and the intensification of work will have significant consequences for all those who will still have jobs in the future, and – much less studied so far – for the quality of their work. Good work is essential for general well-being: for the individual’s quality of life, for the economy and for society. Good work for everyone should therefore be seen as an important aspiration for companies, institutions, social partners and governments. An essential read for an international audience of academics in the field of the sociology of work, labor economics and social policy, as well as for policymakers and researchers of trade unions, and representatives of other social movements.