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Author : Anthony Kerr
Publisher :
ISBN 13 :
Total Pages : 158 pages
Book Rating : 4.F/5 ( download)
Download or read book The Acquired Rights Directive written by Anthony Kerr and published by . This book was released on 1996 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : International Labour Office
Publisher : International Labour Organization
ISBN 13 : 9789221103295
Total Pages : 62 pages
Book Rating : 4.1/5 (32 download)
Download or read book Protection of Workers' Personal Data written by International Labour Office and published by International Labour Organization. This book was released on 1997 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: An ILO code of practice
Author : María Campo Comba
Publisher : Springer Nature
ISBN 13 : 3030614816
Total Pages : 380 pages
Book Rating : 4.0/5 (36 download)
Download or read book The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law written by María Campo Comba and published by Springer Nature. This book was released on 2020-12-07 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.
Author : Brian Bercusson
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783832921088
Total Pages : 0 pages
Book Rating : 4.9/5 (21 download)
Download or read book European Labour Law and the EU Charter of Fundamental Rights written by Brian Bercusson and published by Nomos Verlagsgesellschaft. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.
Author : Kirsten Henckel
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192611
Total Pages : 360 pages
Book Rating : 4.0/5 (411 download)
Download or read book Cross-Border Transfers of Undertakings written by Kirsten Henckel and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
Author : Andrew Johnston
Publisher : Cambridge University Press
ISBN 13 : 113948530X
Total Pages : 419 pages
Book Rating : 4.1/5 (394 download)
Download or read book EC Regulation of Corporate Governance written by Andrew Johnston and published by Cambridge University Press. This book was released on 2009-12-03 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Johnston examines EC regulation of national corporate governance systems through the lenses of economic theory and reflexive governance. By contrasting the normative demands of the neoclassical 'agency' model with those of the productive coalition model, he shows how their incompatibility required political compromise. Reflexive governance theory is then used to explain how progress has been possible. Through detailed analysis of both case law and positive regulation, the author highlights the move from positive to negative integration; the benefits as well as the limits of regulatory competition; and the significant role of reflexive techniques in both preventing market failure and enabling positive integration to proceed. The workable compromise that has emerged between market integration and continued regulatory diversity at national level demonstrates that procedural regulation can steer autonomous social subsystems towards greater responsibility and a better articulation of the public good.
Author : Miller Rosenfalck LLP
Publisher : Bloomsbury Publishing
ISBN 13 : 178451229X
Total Pages : 1028 pages
Book Rating : 4.7/5 (845 download)
Download or read book Workforce Restructuring in Europe written by Miller Rosenfalck LLP and published by Bloomsbury Publishing. This book was released on 2016-03-24 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: The brand new title that provides practical employment law guidance on HR restructuring matters across 30 European jurisdictions. Offering straightforward information on issues which are commonly faced by businesses during various kinds of restructuring, it looks at: the reorganisation of a workplace or group of companies; downsizing or closure of a business; restructuring due to relocation; and when outsourcing is being considered. The book assists readers to focus on what needs to be done 'now' as well as to plan for the timing, consultation, costs, morale implications and processes involved in each stage of the restructure. Individual 'State' chapters aid practical comparison These scenarios are examined across the 28 EU member states plus Norway and Switzerland, each in their own chapter, to allow for practical comparison across various jurisdictions. An introductory chapter on EU minimum standards helps the reader to place each country within the context of EU law. Each chapter follows the same template to allow for easy comprehension of how to approach the same issue across borders. They cover: -Employment Status -Process for individual redundancies -Process for collective redundancies -Works Council and consultation requirements -Employment implications of business transfers -Unilateral and mutually agreed changes to terms and conditions of employment Local status of legislation and case law To keep the book user-friendly, legislation and case law are addressed in such a way that presents the current local primary and secondary status of each, without excessive use of unnecessary citations. Who should consider buying this book? This is an essential title for all employment law practitioners and HR specialists who work for, or advise, businesses that have offices in multiple European states.
Author : Aidan O'Neill
Publisher : Bloomsbury Publishing
ISBN 13 : 184731810X
Total Pages : 928 pages
Book Rating : 4.8/5 (473 download)
Download or read book EU Law for UK Lawyers written by Aidan O'Neill and published by Bloomsbury Publishing. This book was released on 2011-07-27 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of this wide-ranging survey of EU law. The new edition has been significantly enlarged. Unlike many other EU law books it takes full account not only of the Lisbon Treaty changes to the EU treaties, but also of the fact that the EU Charter of Fundamental Rights now has the same legal value as the EU Treaties. It therefore not only covers the relevant case law of the Court of Justice of the European Union, but also ties that case law into the decisions of the European Court of Human Rights, because it is clear that EU law can only now properly be understood and applied against this background of European fundamental rights jurisprudence. The book sets out very clearly the broad shape of the European Union's legal systems, while also giving the reader a good feel for the policy motivations in the Court of Justice of the European Union and the scope of EU legislative activity. Written in a lively and accessible style, it is an ideal guide for practitioners, whether those coming to the subject for the first time or those already with a background in EU law. Among the additions and changes in this expanded edition the book includes new chapters on the EU and fundamental rights, on commercial agency, on criminal law and on private international law in the EU. It also contains a full treatment of EU equality law. The first edition 'EC Law for UK Lawyers' by Aidan O'Neill and Jason Coppel (ISBN: 9780406024596) was published by Butterworths in 1994.
Author : Dennis Campbell
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041136533
Total Pages : 546 pages
Book Rating : 4.0/5 (411 download)
Download or read book Mergers and Acquisitions in Europe written by Dennis Campbell and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thirty-second edition of the Comparative Law Yearbook of International Business comprises two volumes, each dealing broadly with issues relating to cross-border mergers and acquisitions. Volume A provides 16 chapters and examines mergers and acquisitions in Europe. Volume B provides 16 chapters and treats mergers and acquisitions in North America, Latin America, and Asia and the Pacific. Each consists of national reports and treatments of selected issues within the respective regions. Volume A, Mergers and Acquisitions in Europe, Selected Issues and Jurisdictions, examines asset deals in Austria, practical advice for cross-border transactions, intellectual property issues in cross-border mergers and acquisitions, taxation, and the formal requirement for share and asset transactions involving German companies, as well as national reports on Belgium, Cyprus, the Czech Republic, Greece, Germany, Hungary, Italy, Portugal, Turkey, and Ukraine, and an overview of the European Union.
Author : Hans-W. Micklitz
Publisher : Oxford University Press, USA
ISBN 13 : 0198712103
Total Pages : 289 pages
Book Rating : 4.1/5 (987 download)
Download or read book Constitutionalization of European Private Law written by Hans-W. Micklitz and published by Oxford University Press, USA. This book was released on 2014 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most topical questions in the legal systems is whether and to what extent fundamental rights impact our rights and obligations in our contractual relations. The European Union has integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon. This book highlights whether and to what extent fundamental rights affect the position of citizens generally and in various fields of law, such as private (contractual) law, labour law,financial services, intellectual property rights, and the judicial protection in courts.
Author : Samuel Estreicher
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041137440
Total Pages : 890 pages
Book Rating : 4.0/5 (411 download)
Download or read book Global Labor and Employment Law for the Practicing Lawyer written by Samuel Estreicher and published by Kluwer Law International B.V.. This book was released on 2010-09-28 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recognition of the growing importance of global labour and employment law, the Center for Labor and Employment Law at New York University School of Law dedicated its 61st Annual Conference on Labor to an in-depth examination of issues arising in this area. This volume of the proceedings of the 2008 conference contains papers presented at that meeting, all here updated to reflect recent developments, as well as additional contributions from other practitioners and academics with extensive knowledge and experience in the field. Experts from both the practicing bar and academia – twenty-seven in all – use their unique strengths to address issues worthy of concern in each juridical realm. An unusual feature of this volume in the series is its in-depth attention to comparative law in the field, with exploration of developments in China, France, and New Zealand, as well as in European Union law. As always, this annual conference captures valuable insights and syntheses of central labour and employment law issues and will be of great value to practitioners and academics in the field.
Author : Colin Bourn
Publisher : Routledge
ISBN 13 : 1000160300
Total Pages : 190 pages
Book Rating : 4.0/5 (1 download)
Download or read book The Transfer of Undertakings in the Public Sector written by Colin Bourn and published by Routledge. This book was released on 2020-09-29 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: This volume discusses the impact of the transfer of undertakings regime upon the public sector, particularly focusing on the interaction between the protection of employee rights and the restructuring and modernization of public services. The crux of the book is the interaction of market-led policies in the public sector, such as compulsory competitive tendering, best value and the PFI, with the protection of employee rights on the transfer of imployment. It considers the evolving law on the scope of a relevant transfer under the European Acquired Rights Directive and the TUPE regulations, before reviewing the present stte of the law on dismissals, variation of terms, pensions and employee consultation in transfer-related situations. The book incorporates consideration of the text of the 1998 revision of the Acquired Rights Directive.
Author : Ailbhe Murphy
Publisher : Bloomsbury Publishing
ISBN 13 : 1780436254
Total Pages : 1682 pages
Book Rating : 4.7/5 (84 download)
Download or read book Employment Law written by Ailbhe Murphy and published by Bloomsbury Publishing. This book was released on 2017-05-25 with total page 1682 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical guide to Irish employment law brings together the knowledge and expertise of Ireland's leading employment, tax and pensions law practitioners. In-depth and accessible, it gives a comprehensive and clear review of all aspects of employment and labour law. This is the second edition of Employment Law, which has been newly updated and revised to include the extensive changes to the law, including in relation to the workings of the Workplace Relations Commission, and new chapters on whistle blowing, health and safety, mediation, agency workers, restraint of trade and injunctions. These build on the book's established chapters on the wide ranging facets of employment law, such as the employment relationship, Immigration and cross-border issues, and trade unions and industrial relations. Ideal for legal practitioners, employers and human resource specialists: with a copy on your bookshelf, accurate, detailed information on the law on all aspects of employment and labour law will always be close to hand. Your firm and clients will benefit from the technical pointers, tips and know-how to ensure complete legal compliance. Whatever you need on employment and industrial relations law, you'll find it within the pages of Employment Law. Keeps your firm right up-to-date on the latest issues and developments.
Author : Vilija Velyvyte
Publisher : Bloomsbury Publishing
ISBN 13 : 1509939008
Total Pages : 309 pages
Book Rating : 4.5/5 (99 download)
Download or read book Judicial Authority in EU Internal Market Law written by Vilija Velyvyte and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023
Author : Vanessa Finch
Publisher : Cambridge University Press
ISBN 13 : 0521878101
Total Pages : 869 pages
Book Rating : 4.5/5 (218 download)
Download or read book Corporate Insolvency Law written by Vanessa Finch and published by Cambridge University Press. This book was released on 2009-05-28 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary examination of corporate insolvency law assesses recent reforms and anticipates new legislation.
Author : Omar, Paul J.
Publisher : Edward Elgar Publishing
ISBN 13 : 1786437473
Total Pages : 584 pages
Book Rating : 4.7/5 (864 download)
Download or read book Research Handbook on Corporate Restructuring written by Omar, Paul J. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
Author : Siófra O'Leary
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314465
Total Pages : 326 pages
Book Rating : 4.8/5 (473 download)
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 326 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.
