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The Right To Strike In The Eu
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Book Synopsis International and European Protection of the Right to Strike by : Tonia Novitz
Download or read book International and European Protection of the Right to Strike written by Tonia Novitz and published by Oxford University Press on Demand. This book was released on 2003 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, political and socio-economic in nature, depending upon one's conception of 'good governance' and'democratic participation' at the national level. This has consequences for what is perceived to be the appropriate scope of the right and the extent of any legitimate exceptions. Critics of domestic labour legislation tend to appeal to international and European standards, chiefly those promulgated by the International Labour Organisation (ILO), the Council of Europe and the European Union (EU). All these organisations acknowledge the importance of a right to strike, butthey differ in the manner in which the right is defined and protected. This book suggests that this is because each organisation adopts a distinctive view of the appropriate justificatory basis of this entitlement. This work also addresses current enthusiasm for reforming the governance of international and European organisations which would bolster their legitimacy. It is suggested that, despite the entrenched structures and cultural norms of each institution, such a process of reform could lead to greaterconsistency of standards relating to the right to strike. A crucial question for workers, in the light of these developments, is whether there will be a 'levelling up' of rights or diminishing protection for those who organise or participate in industrial action. This book ends by considering thecurrent responses of the ILO, the Council of Europe and the EU to these forces for change.
Book Synopsis Strike Rules in the EU27 and Beyond by : Wiebke Warneck
Download or read book Strike Rules in the EU27 and Beyond written by Wiebke Warneck and published by . This book was released on 2007 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Right to Strike written by Bernd Waas and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume is an outcome of the proceedings of the World Congress of the International Society for Labour and Social Security Law which took place in Santiago, Chile, in September 2012. The country reports submitted at that time have been modified and updated, and more country reports have been added. Each chapter covers the following specific topics: legal definitions; the legal basis of the right to strike; the right to call a strike; the right to participate in a strike; lawful strikes according to their purpose; procedural requirements; peace obligations; other limitations to strikes; the public sector and 'essential services'; specific emanations of strikes and other forms of industrial action; legal consequences of lawful strikes; legal consequences of unlawful strikes; dispute resolution; support of strikers; parity of parties and neutrality of the state; and strikes in practice.
Book Synopsis EU Collective Labour Law by : ter Haar, Beryl
Download or read book EU Collective Labour Law written by ter Haar, Beryl and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.
Book Synopsis The Economic and Financial Crisis and Collective Labour Law in Europe by : Niklas Bruun
Download or read book The Economic and Financial Crisis and Collective Labour Law in Europe written by Niklas Bruun and published by Bloomsbury Publishing. This book was released on 2014-09-18 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.
Book Synopsis The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO by : Pietro Poretti
Download or read book The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO written by Pietro Poretti and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The General Agreement on Trade in Services (GATS) extends the multilateral trading system to services. Little is said In the GATS about subsidies, beyond stipulating that subsidies are subject to the existing provisions, including the most-favoured-nation and national-treatment principles, and that Members shall enter into negotiations with a view to developing the disciplines necessary to avoid the trade distorting effects of subsidies." "This timely book provides a comprehensive analysis of services subsidies under the GATS. It begins with a description of services and trade in services, and of the salient characteristics that make regulation of services subsidies more complex than those associated with agricultural and industrial goods. It then analyzes the economic arguments underpinning the need for regulation, as well as the need for governments to retain sufficient latitude to implement non-trade-related policy measures. A description of the information available on services subsidies is followed by a classification of services subsidies according to their distortive effects, and by a detailed analysis of those elements that may form a definition of services subsidies for the purpose of a future regulatory framework." "A key section is devoted to the analysis of those existing provisions of the GATS that may exert a certain measure of discipline on services subsidies, and to the question of the desirability and technical feasibility of countervailing measures. Rules on services subsidies contained in regional trade agreements and the need for special and differential treatment for services subsidies by developing countries are also discussed. Finally, and prior to the conclusion, two sectoral studies deal with the question of subsidies aimed at attracting foreign direct investment and subsidies to the audiovisual sector." "This work represents the first extensive and comprehensive analysis of the issue of services subsidies in the context of the GATS, and includes numerous references to relevant European Union State Aid legislation and jurisprudence." --Book Jacket.
Book Synopsis European Labour Law and the EU Charter of Fundamental Rights by : Brian Bercusson
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.
Book Synopsis The Right to Strike in International Law by : Jeffrey Vogt
Download or read book The Right to Strike in International Law written by Jeffrey Vogt and published by Bloomsbury Publishing. This book was released on 2020-03-19 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph was originally developed as a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association. The group's apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers' arguments to justify new limitations on that right. The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law; indeed, the authors demonstrate that it has attained the status of customary international law.
Book Synopsis Fundamental Rights in Europe by : Federico Fabbrini
Download or read book Fundamental Rights in Europe written by Federico Fabbrini and published by Oxford University Press, USA. This book was released on 2014-02 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.
Book Synopsis The Construction of Fatherhood by : Alice Margaria
Download or read book The Construction of Fatherhood written by Alice Margaria and published by Cambridge University Press. This book was released on 2021-02-11 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.
Book Synopsis Wage bargaining under the new European Economic Governance by : Guy Van Gyes
Download or read book Wage bargaining under the new European Economic Governance written by Guy Van Gyes and published by ETUI. This book was released on 2015-09-28 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the framework of the new European economic governance, neoliberal views on wages have further increased in prominence and have steered various reforms of collective bargaining rules and practices. As the crisis in Europe came to be largely interpreted as a crisis of competitiveness, wages were seen as the core adjustment variable for ‘internal devaluation’, the claim being that competitiveness could be restored through a reduction of labour costs. This book proposes an alternative view according to which wage developments need to be strengthened through a Europe-wide coordinated reconstruction of collective bargaining as a precondition for more sustainable and more inclusive growth in Europe. It contains major research findings from the CAWIE2 – Collectively Agreed Wages in Europe – project, conducted in 2014–2015 for the purpose of discussing and debating the currently dominant policy perspectives on collectively-bargained wage systems under the new European economic governance.
Book Synopsis Social policy in the European Union: state of play 2015 by : David Natali (OSE)
Download or read book Social policy in the European Union: state of play 2015 written by David Natali (OSE) and published by ETUI. This book was released on 2015-09-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixteenth edition of Social policy in the European Union: state of play has a triple ambition. First, it provides easily accessible information to a wide audience about recent developments in both EU and domestic social policymaking. Second, the volume provides a more analytical reading, embedding the key developments of the year 2014 in the most recent academic discourses. Third, the forward-looking perspective of the book aims to provide stakeholders and policymakers with specific tools that allow them to discern new opportunities to influence policymaking. In this 2015 edition of Social policy in the European Union: state of play, the authors tackle the topics of the state of EU politics after the parliamentary elections, the socialisation of the European Semester, methods of political protest, the Juncker investment plan, the EU’s contradictory education investment, the EU’s contested influence on national healthcare reforms, and the neoliberal Trojan Horse of the Transatlantic Trade and Investment Partnership (TTIP).
Download or read book Rough Waters written by and published by . This book was released on 2018 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The EU Charter of Fundamental Rights by : Steve Peers
Download or read book The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2021-11-18 with total page 2013 pages. Available in PDF, EPUB and Kindle. Book excerpt: “..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Book Synopsis Toward the Critique of Violence by : Walter Benjamin
Download or read book Toward the Critique of Violence written by Walter Benjamin and published by Stanford University Press. This book was released on 2021-06-22 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the centenary of Walter Benjamin's immensely influential essay, "Toward the Critique of Violence," this critical edition presents readers with an altogether new, fully annotated translation of a work that is widely recognized as a classic of modern political theory. The volume includes twenty-one notes and fragments by Benjamin along with passages from all of the contemporaneous texts to which his essay refers. Readers thus encounter for the first time in English provocative arguments about law and violence advanced by Hermann Cohen, Kurt Hiller, Erich Unger, and Emil Lederer. A new translation of selections from Georges Sorel's Reflections on Violence further illuminates Benjamin's critical program. The volume also includes, for the first time in any language, a bibliography Benjamin drafted for the expansion of the essay and the development of a corresponding philosophy of law. An extensive introduction and afterword provide additional context. With its challenging argument concerning violence, law, and justice—which addresses such topical matters as police violence, the death penalty, and the ambiguous force of religion—Benjamin's work is as important today as it was upon its publication in Weimar Germany a century ago.
Author :International Labour Office. Committee of Experts on the Application of Conventions and Recommendations Publisher :International Labour Organization ISBN 13 :9789221089476 Total Pages :180 pages Book Rating :4.0/5 (894 download)
Book Synopsis Freedom of Association and Collective Bargaining by : International Labour Office. Committee of Experts on the Application of Conventions and Recommendations
Download or read book Freedom of Association and Collective Bargaining written by International Labour Office. Committee of Experts on the Application of Conventions and Recommendations and published by International Labour Organization. This book was released on 1994 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
