The Demise Of Viking And Laval

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Viking, Laval and Beyond

Author : Mark R Freedland
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255346
Total Pages : 392 pages
Book Rating : 4.7/5 (822 download)

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

Download or read book Viking, Laval and Beyond written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2015-01-29 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

The Rise and Fall of the European Constitution

Author : NW Barber
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910999
Total Pages : 383 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Rise and Fall of the European Constitution by : NW Barber

Download or read book The Rise and Fall of the European Constitution written by NW Barber and published by Bloomsbury Publishing. This book was released on 2019-01-10 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.

The Laval and Viking Cases

Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041128506
Total Pages : 278 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Laval and Viking Cases by : Roger Blanpain

Download or read book The Laval and Viking Cases written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: in this book nineteen labour law scholars present country reports detailing challenges and consequences of the rulings evident in twelve EU Member States, as well as in Norway and Russia. Among many others, the salient issues covered include the following: cross-border solidarity among workers; collective action as a fundamental freedom; the prospects for an EU minimum wage plan; the 'social partners' approach to national labour law; the harmonisation of social security standards; and the scope of enforcement by Member State labour regulatory authorities.

A European Social Union after the Crisis

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

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

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

The Lighthouse Function of Social Law

Author : Yves Jorens
Publisher : Springer Nature
ISBN 13 : 3031328221
Total Pages : 632 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis The Lighthouse Function of Social Law by : Yves Jorens

Download or read book The Lighthouse Function of Social Law written by Yves Jorens and published by Springer Nature. This book was released on 2023-07-30 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.

Visions and Revisions of Europe

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

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

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

The End of Territoriality?

Author : Andreas J. Obermaier
Publisher : Routledge
ISBN 13 : 1317034090
Total Pages : 235 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The End of Territoriality? by : Andreas J. Obermaier

Download or read book The End of Territoriality? written by Andreas J. Obermaier and published by Routledge. This book was released on 2016-03-23 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through analyzing the implementation of a series of European Court of Justice rulings in the key member states of Germany, France and the UK, The End of Territoriality brings the high impact issue of policy changes to the foreground. The time sequencing of such changes is traced and scrutinized through a detailed investigation by Obermaier, followed by a comprehensive illustration on the full impact the policy amendments have had on the welfare states. By drawing extensively on original sources and new material, this volume will be of key interest to those studying and working within social policy, welfare, political sociology, and European law.

The European Union Legal Order After Lisbon

Author : Patrick Birkinshaw
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131523
Total Pages : 402 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The European Union Legal Order After Lisbon by : Patrick Birkinshaw

Download or read book The European Union Legal Order After Lisbon written by Patrick Birkinshaw and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2009 the Institute of European Public Law of the University of Hull assembled a range of experts in relevant fields to offer papers and reach some consensus on what has been achieved in the EU legal order and what the future holds for that order given local tensions and global uncertainty.

Conflict and Transformation

Author : Christian Joerges
Publisher : Bloomsbury Publishing
ISBN 13 : 1509926968
Total Pages : 619 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Conflict and Transformation by : Christian Joerges

Download or read book Conflict and Transformation written by Christian Joerges and published by Bloomsbury Publishing. This book was released on 2022-10-06 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century.

Digital Work Platforms at the Interface of Labour Law

Author : Eva Kocher
Publisher : Bloomsbury Publishing
ISBN 13 : 1509949860
Total Pages : 285 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Digital Work Platforms at the Interface of Labour Law by : Eva Kocher

Download or read book Digital Work Platforms at the Interface of Labour Law written by Eva Kocher and published by Bloomsbury Publishing. This book was released on 2022-03-10 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book shows how to design labour rights to effectively protect digital platform workers, organise accountability on digital work platforms, and guarantee workers' collective representation and action. It acknowledges that digital work platforms entail enormous risks for workers, and at the same time it reveals the extent to which labour law is in need of reconstruction. The book focusses on the conceptual links – often overlooked in the past – between labour law's categories and its regulatory approaches. By explaining and analysing the wealth of approaches that deconstruct and reconceptualise labour law, the book uncovers the organisational ideas that permeate labour law's categories as well as its policy approaches in a variety of jurisdictions. These ideas reveal a lack of fit between labour law's traditional concepts and digital platform work: digital work platforms rarely behave like hierarchical organisations; instead, they more often function as market organisers. The book provides a fresh perspective for international academic and policy debates on the regulation of digital work platforms, as well as on the purposes and foundations of labour law. It offers a way out of the impasse the debate around labour law classification has reached, by showing what labour law could learn from digital law approaches to platforms – and vice versa. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

The Idea of Economic Constitution in Europe

Author :
Publisher : BRILL
ISBN 13 : 9004519351
Total Pages : 847 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis The Idea of Economic Constitution in Europe by :

Download or read book The Idea of Economic Constitution in Europe written by and published by BRILL. This book was released on 2022-06-08 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behind the controversies that have marked the history of the idea of Economic Constitution emerges the highly political issue of the room for manoeuvre left to public authorities in the economic sphere. The notion thus encapsulates a fundamental tension: between democracy and rule of law, which model of legal ordering of the economy should prevail? From physiocrats to neo-liberals, from the Weimar Republic to European integration, from national constitutions to Global Governance, this collective book invites us to explore the genealogy of the controversial concept of Economic Constitution. The result of this interdisciplinary dialogue is a comprehensive reflection on the legal and political issues at stake in the current constitutionalization of the market order in Europe. Contributors are: Philippe Steiner, Guillaume Grégoire, Hugues Rabault, Peter C. Caldwell, Thomas Biebricher, Werner Bonefeld, Serge Audier, Vincent Valentin, Pieter van Cleynenbreugel, Xavier Miny, Frédéric Marty, Claire Mongouachon, Hans-Wolfgang Micklitz, Francesco Martucci, Michael Wilkinson, Hjalte Lokdam, Susanna Maria Cafaro, Peter Lindseth, Cristina Fasone, Pierre Nihoul, François Colly, Peter-Christian Müller-Graff, Tony Prosser, Damien Piron, Mahmoud Mohamed Salah, Stephen Gill, Thibault Biscahie, Sebastien Adalid, and Christian Joerges. Derrière les controverses qui jalonnent l’histoire de l’idée de Constitution économique émerge la question éminemment politique de la marge de manœuvre laissée aux autorités publiques dans la sphère économique. La notion cristallise ainsi une tension fondamentale : entre démocratie et État de droit, quel doit être modèle d’organisation et d’ordonnancement juridique de l’économie? Des physiocrates aux néolibéraux, de la République de Weimar à l’intégration européenne, des constitutions nationales à la Global Governance, cet ouvrage collectif nous invite dès lors à explorer la généalogie du concept polémique de Constitution économique. Les auteurs ouvrent alors, à travers un dialogue interdisciplinaire constant, une réflexion globale autour des enjeux juridiques et politiques du processus actuel de constitutionnalisation de l’ordre de marché en Europe.

Researching the European Court of Justice

Author : Mikael Rask Madsen
Publisher : Cambridge University Press
ISBN 13 : 1316511294
Total Pages : 389 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Researching the European Court of Justice by : Mikael Rask Madsen

Download or read book Researching the European Court of Justice written by Mikael Rask Madsen and published by Cambridge University Press. This book was released on 2022-05-26 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores cutting-edge interdisciplinary research strategies for the study of the Court of Justice of the European Union.

The Substantive Law of the EU

Author : Catherine Barnard
Publisher : Oxford University Press
ISBN 13 : 0192857886
Total Pages : 738 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Substantive Law of the EU by : Catherine Barnard

Download or read book The Substantive Law of the EU written by Catherine Barnard and published by Oxford University Press. This book was released on 2022-08-04 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading textbook on the four freedoms, popular with students and academics alike. This authoritative text offers a unique balance of comprehensive, detailed coverage in a concise and readable style, providing a critical and thorough analysis of the key principles of the substantive law of the EU. An introductory chapter provides valuable context on the governance of the internal market, its evolution, and the theories behind its key principles. Each of the freedoms is then dealt with in turn, covering goods, persons, services, and capital, before moving on to discuss harmonization, the regulation of the internal market, and its future. Additional useful detail is captured in footnotes, while directed further reading lists provide support for independent study and research. This thorough coverage is fully supported by engaging case studies throughout the book which place the law in context, helping students to understand the complexities of the subject and exploring the practical implications of EU law. Diagrams, flowcharts, and tables offer further detail and illustrate key ideas and processes in an easily accessible format, while chapter overviews, chapter content lists, and a clear structure ensure readers remain on track and can find information quickly. Digital formats and resources The 7th edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. -The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks -The online resources include: figures from the book, useful web links and further reading advice, and a searchable table of equivalences for easy reference

Making the Charter of Fundamental Rights a Living Instrument

Author : Giuseppe Palmisano
Publisher : Hotei Publishing
ISBN 13 : 9004291857
Total Pages : 419 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Making the Charter of Fundamental Rights a Living Instrument by : Giuseppe Palmisano

Download or read book Making the Charter of Fundamental Rights a Living Instrument written by Giuseppe Palmisano and published by Hotei Publishing. This book was released on 2015-03-31 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The remarkable volume collects essays and studies on the Charter of Fundamental Rights of the European Union and its application. Its aim is to offer a series of contributions, made by distinguished scholars and legal experts, on the Charter considered as a living legal instrument, with a view to understanding whether, five years after its entry into force and fifteen years after its first proclamation, it is being taken seriously, and whether its use and effective impact within the legal orders and practice of the European Union and Member States can realistically improve in the coming years.The contributions are structured and organized around three main themes, “The EU Charter of Fundamental Rights as a Legal Instrument: General Issues”, “The Charter and Social Rights”, and “Assessing the Legal Impact of the Charter at the National Level”. Scholars and experts participating in the book have conducted, under the supervision of its editor, extensive and in-depth analysis on the many issues raised by each of these themes. The result is a fascinating and varied collection of essays that combines high academic quality with great practical usefulness.

Migrant Labour and the Reshaping of Employment Law

Author : Bernard Ryan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919155
Total Pages : 363 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Migrant Labour and the Reshaping of Employment Law by : Bernard Ryan

Download or read book Migrant Labour and the Reshaping of Employment Law written by Bernard Ryan and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law including the law relating to collective bargaining, and remedies against exploitation.

Europe’s Justice Deficit?

Author : Dimitry Kochenov
Publisher : Bloomsbury Publishing
ISBN 13 : 178225482X
Total Pages : 512 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Europe’s Justice Deficit? by : Dimitry Kochenov

Download or read book Europe’s Justice Deficit? written by Dimitry Kochenov and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.

Research Handbook on EU Labour Law

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

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

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