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Author : Andreas Bücker
Publisher :
ISBN 13 : 9782874521737
Total Pages : 147 pages
Book Rating : 4.5/5 (217 download)
Download or read book Viking - Laval - Rüffert written by Andreas Bücker and published by . This book was released on 2010 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andreas Bücker
Publisher : Nomos Verlagsgesellschaft Mbh & Company
ISBN 13 : 9783832959876
Total Pages : 385 pages
Book Rating : 4.9/5 (598 download)
Download or read book Reconciling Fundamental Social Rights and Economic Freedoms After Viking, Laval and Rüffert written by Andreas Bücker and published by Nomos Verlagsgesellschaft Mbh & Company. This book was released on 2011 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Viking - Laval - Ruffert judgments have triggered - more than almost any other jurisprudence of the Court of Justice of the EU - a debate about the balance between economic freedoms and fundamental social rights. It is expected to take a long period to establish consensus about a new equilibrium. This book provides a positive contribution to this debate. In the light of the new situation brought about by the Lisbon Treaty - i.e. the strengthening of fundamental rights and the forthcoming EU accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms - the book develops and contemplates the concept of a cooperative structure of national, supranational, and international courts and actors. Country reports analyze the consequences of the Viking - Laval - Ruffert decisions on national levels with regard to legal and policy issues. Thereafter, approaches and principles aimed at protecting fundamental social rights and facilitating a process of inter-court dialogue and cooperation are developed, and suggestions for political guidelines on balancing economic freedoms and fundamental social rights are presented.
Author : Dorte Sindbjerg Martinsen
Publisher : Oxford University Press
ISBN 13 : 0191067709
Total Pages : 347 pages
Book Rating : 4.1/5 (91 download)
Download or read book An Ever More Powerful Court? written by Dorte Sindbjerg Martinsen and published by Oxford University Press. This book was released on 2015-10-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.
Author : Alban Davesne
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Laval Case and the Future of Labour Relations in Sweden written by Alban Davesne and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Together with a series of related ECJ cases (Viking, Rüffert), the Laval case became famous as a new display of the struggle between economic freedoms and social rights in the EU. But the European controversy is only one part of the story. Focusing on the Laval case, this article goes back to the place where it all started - Sweden - and tries to shed light on the missing link between the European controversy over posted workers and the challenges that the Swedish labour model is currently facing. The Swedish labour relations system has now to cope with legal uncertainty while the government, the employers and the Trade Unions are increasingly struggling over labour regulation. Beyond its juridical aspects, the Laval case is thus a landmark political event, as it unveils and increases the turmoil of the Swedish autonomous labour relations. It thus displays a new opportunity for reforming industrial relations and labour regulations in Sweden, in a time when they are as much pressured at home as they are admired abroad.
Author : Silvana Sciarra
Publisher : Cambridge University Press
ISBN 13 : 1108579094
Total Pages : 166 pages
Book Rating : 4.1/5 (85 download)
Download or read book Solidarity and Conflict written by Silvana Sciarra and published by Cambridge University Press. This book was released on 2018-03-29 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ongoing austerity crisis is being felt in all sectors of EU law, but has had a particularly severe impact on labour law. Silvana Sciarra, a leading judge and scholar of EU employment law, considers how solidarity regimes have been shaken by the crisis. She brings together existing European policies in social and employment law, to enhance synergies and developments in a post-crisis discourse. She looks at reactions of national constitutional courts to austerity measures and of international organizations in re-establishing respect of fundamental workers' rights. Criticizing soft law approaches in employment policies, she favours recourse to binding measures connected with selective financial incentives through European funds. She highlights developments in European sector social dialogue and new horizons of transnational collective bargaining in large multinationals. Taking a positive, practical approach, Sciarra shows how social policies can enhance solidarity and social cohesion, through European financial support.
Author : Ane Aranguiz
Publisher : Routledge
ISBN 13 : 1000563529
Total Pages : 201 pages
Book Rating : 4.0/5 (5 download)
Download or read book Combating Poverty and Social Exclusion in European Union Law written by Ane Aranguiz and published by Routledge. This book was released on 2022-03-30 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the potential role of European Union law in combating poverty and social exclusion in the European Union. Anti-poverty strategies have been part of the European Union agenda for decades. Most saliently, over a decade ago, the EU’s Member States pledged to lift 20 million people out of poverty. In spite of this commitment, the EU did not even meet a quarter of this target, and over 113 million people still were at risk of poverty and social exclusion by the end of 2020. This book addresses the incongruence between a quite developed EU policy strategy and a well-embedded legal objective on the one hand, and the lack of direct legal action on the other. Analysing the role of social policy instruments, fundamental rights, and the constitutional framework of the European Union, it makes a detailed case for a contribution of EU law to the policy objective of combating poverty and social exclusion. Drawing on work in law, politics, social policy and economics, this book will interest scholars and policymakers in the areas of EU law, labour and social security, human rights, political science and social and public policy.
Author : Vassilis Hatzopoulos
Publisher : Oxford University Press
ISBN 13 : 0199572666
Total Pages : 470 pages
Book Rating : 4.1/5 (995 download)
Download or read book Regulating Services in the European Union written by Vassilis Hatzopoulos and published by Oxford University Press. This book was released on 2012-04-12 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first overview of services regulation in the EU, tracing its history from early, sector-specific interventions to the complex modern landscape of 'new governance' techniques. It sets the legal developments in their economic context and critiques the varied regulatory methods with which the EU has experimented.
Author : Johan van der Walt
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110248034
Total Pages : 450 pages
Book Rating : 4.1/5 (12 download)
Download or read book The Horizontal Effect Revolution and the Question of Sovereignty written by Johan van der Walt and published by Walter de Gruyter GmbH & Co KG. This book was released on 2014-08-25 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue are two major developments in European judicial review. On the one hand, the European Court of Human Rights has been collapsing traditional boundaries between constitutional law and private law with a series of decisions that effectively recognized the "horizontal" effect of Convention rights in the private sphere. On the other hand, the European Court of Justice has also given horizontal effect to fundamental liberties embodied in the Treaty on the Function of the European Union in a number of recent cases in a way that puts "established" boundaries between Member State and Union competences in question. This book takes issue with these developments by bringing to the fore a key issue that the horizontality effect debate has hitherto largely overlooked, namely, the question of sovereignty. It shows with detailed references to especially the American debate on state action and the German debate on Drittwirkung that horizontal effect cannot be understood consistently without coming to grips with the conceptions of state sovereignty that inform different approaches to horizontal effect.
Author : Alan Bogg
Publisher : Edward Elgar Publishing
ISBN 13 : 1783471123
Total Pages : 600 pages
Book Rating : 4.7/5 (834 download)
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.
Author : Catherine Barnard
Publisher : Bloomsbury Publishing
ISBN 13 : 184731869X
Total Pages : 337 pages
Book Rating : 4.8/5 (473 download)
Download or read book Cambridge Yearbook of European Legal Studies, Vol 13, 2010-2011 written by Catherine Barnard and published by Bloomsbury Publishing. This book was released on 2011-12-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 13 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward Ius Commune Prize 2012 Alexandre Saydé wrote Chapter 15 in this volume entitled: 'One Law, Two Competitions: An Enquiry into the Contradictions of Free Movement Law' and we are delighted to announce that he has been awarded the Ius Commune Prize 2012.
Author : Bernard Ryan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919155
Total Pages : 363 pages
Book Rating : 4.5/5 (99 download)
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.
Author : Catherine Barnard
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253378
Total Pages : 816 pages
Book Rating : 4.7/5 (822 download)
Download or read book Cambridge Yearbook of European Legal Studies, Vol 15 2012-2013 written by Catherine Barnard and published by Bloomsbury Publishing. This book was released on 2013-12-19 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board John Bell Alan Dashwood Simon Deakin David Feldman Richard Fentiman Angus Johnston John R Spencer Founding Editors Alan Dashwood Angela Ward
Author : Matteo Bottero
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528648
Total Pages : 547 pages
Book Rating : 4.4/5 (35 download)
Download or read book Posting of Workers in EU Law written by Matteo Bottero and published by Kluwer Law International B.V.. This book was released on 2020-12-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Author : Gráinne de Búrca
Publisher : A&C Black
ISBN 13 : 1782252886
Total Pages : 872 pages
Book Rating : 4.7/5 (822 download)
Download or read book Critical Legal Perspectives on Global Governance written by Gráinne de Búrca and published by A&C Black. This book was released on 2014-07-18 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.
Author : Mia Rönnmar
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318371
Total Pages : 310 pages
Book Rating : 4.8/5 (473 download)
Download or read book Labour Law, Fundamental Rights and Social Europe written by Mia Rönnmar and published by Bloomsbury Publishing. This book was released on 2011-09-06 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.
Author : Dagmar Schiek
Publisher : Cambridge University Press
ISBN 13 : 1139499343
Total Pages : 353 pages
Book Rating : 4.1/5 (394 download)
Download or read book European Economic and Social Constitutionalism after the Treaty of Lisbon written by Dagmar Schiek and published by Cambridge University Press. This book was released on 2011-07-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: European studies frequently regard the economic and social dimensions of EU integration as diametrically opposed, maintaining that this state of affairs is beyond change. This edited collection challenges this perceived wisdom, focusing on the post-Lisbon constitutional landscape. Taking the multi-layered polity that is Europe today as its central organising theme, it examines how the social and the economic might be reconciled under the Union's different forms of governance. The collection has a clear structure, opening with a theoretical appraisal of its theme, before considering three specific policy fields: migration policy and civic integration, company law and corporate social responsibility and the role of third sector providers in public healthcare. It concludes with three case studies in these fields, illustrating how the argument can be practically applied. Insightful and topical, with a unique interdisciplinary perspective, this is an important contribution to European Union law after the Lisbon Treaty.
Author : Jiří Přibáň
Publisher : Routledge
ISBN 13 : 131705752X
Total Pages : 357 pages
Book Rating : 4.3/5 (17 download)
Download or read book Self-Constitution of European Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-05-26 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.
