Effective Enforcement Of Ec Labour Law

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Effective Enforcement of EC Labour Law

Author : Jonas Malmberg
Publisher : Kluwer Law International
ISBN 13 : 9789041121608
Total Pages : 330 pages
Book Rating : 4.1/5 (216 download)

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Book Synopsis Effective Enforcement of EC Labour Law by : Jonas Malmberg

Download or read book Effective Enforcement of EC Labour Law written by Jonas Malmberg and published by Kluwer Law International. This book was released on 2003-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective Enforcement of EC Labour Law deals with the rules designed to enforce EC labour law directives in the workplace. Directives normally do not provide any specific rules on procedures and sanctions according to which the substantive rules of the directives are to be enforced. Instead, domestic rules shall apply. However, the European Court of Justice has developed some principles of enforcement that limit the autonomy of the Member States. The aim of this book is to analyse the meaning of the principle of effective enforcement developed by the Court in three areas of labour law: working time in the context of EU health and safety law; the restructuring of enterprises through collective redundancies and transfers of undertakings; and equality of opportunity between women and men. The principle of effective enforcement is analysed in the light of how labour law directives are enforced in France, Germany, Italy, the Netherlands, Sweden and the UK. The book also includes an analysis of regulations in Poland, which illustrates some of the challenges that candidate countries will face in joining the EU. Effective Enforcement of EC Labour Law is the result of collaboration between a group of labour law researchers from a number of European countries. The work has been co-ordinated by Jonas Malmberg, Associate Professor at the National Institute for Working Life, Stockholm, and Uppsala University.

Effective Enforcement of EU Labour Law

Author : Zane Rasnaca
Publisher : Bloomsbury Publishing
ISBN 13 : 1509944427
Total Pages : 591 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Effective Enforcement of EU Labour Law by : Zane Rasnaca

Download or read book Effective Enforcement of EU Labour Law written by Zane Rasnaca and published by Bloomsbury Publishing. This book was released on 2022-08-11 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.

Effective enforcement of EC labour law

Author :
Publisher :
ISBN 13 :
Total Pages : 11 pages
Book Rating : 4.:/5 (938 download)

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Book Synopsis Effective enforcement of EC labour law by :

Download or read book Effective enforcement of EC labour law written by and published by . This book was released on 2004 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Effective Enforcement of EU Labour Law

Author : Zane Rasnaca
Publisher : Bloomsbury Publishing
ISBN 13 : 1509944435
Total Pages : 591 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Effective Enforcement of EU Labour Law by : Zane Rasnaca

Making Employment Rights Effective

Author : Linda Dickens
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250085
Total Pages : 238 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Making Employment Rights Effective by : Linda Dickens

Download or read book Making Employment Rights Effective written by Linda Dickens and published by Bloomsbury Publishing. This book was released on 2012-10-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been an enormous expansion of individual employment rights in Britain but their practical impact in terms of delivering fairer workplaces can be questioned. Taking as its starting point the widespread acknowledgement of problems with the major enforcement mechanism, the Employment Tribunals, this collection brings together experts from law, sociology and employment relations to explore a range of alternative regulatory and non-regulatory approaches to enforcement and to securing compliance and to consider factors affecting variation in the extent to which legal rights have meaning and impact at the workplace. Thus this book addresses issues key to contemporary policy and academic debate. Chapters discuss the growth in employment rights and their enforcement mechanisms (Gillian Morris), problems with the employment tribunal system and the current and potential role of alternative dispute resolution (Linda Dickens); reflect on the long experience of enforcement of equality rights (Bob Hepple) and agency enforcement of health and safety legislation under the 'better regulation' agenda (Steve Tombs and David Whyte); evaluate the potential of various 'reflexive law' mechanisms, including corporate governance (Simon Deakin, Colm McLaughlin and Dominic Chai), and of procurement (Christopher McCrudden) as strategies for delivering fairness at the workplace. Factors influencing how statutory rights shape workplace practice are illuminated further in chapters on trade unions and individual legal rights (Trevor Colling), the management of employment rights (John Purcell) and regulation and small firms (Paul Edwards).The opening chapter (Dickens) makes the case for addressing issues of enforcement and compliance in terms of adverse treatment at work, while the final chapter (Dickens) considers why successive governments have been reluctant to act and outlines steps which might be taken - were there sufficient political will to do so - to help make employment rights effective in promoting fairer workplaces.

European Labour Law and the EU Charter of Fundamental Rights

Author : Brian Bercusson
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783832921088
Total Pages : 0 pages
Book Rating : 4.9/5 (21 download)

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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.

Labour Rights as Human Rights

Author : Philip Alston
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Labour Rights as Human Rights by : Philip Alston

Download or read book Labour Rights as Human Rights written by Philip Alston and published by Oxford University Press, USA. This book was released on 2005 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are efforts to protect workers' rights compatible with the forces of globalization? How can minimum standards designed to protect labor rights be implemented in a world in which national labor law is more and more at the mercy of international forces beyond its control? The contributors to this volume argue that international agreements and institutions are of central importance if labor rights are to be protected in a globalized economy, exploring some of the options that are open to governments, civil society, and the labor movement in the years ahead.

European Labour Law

Author : Brian Bercusson
Publisher : Cambridge University Press
ISBN 13 : 0521613507
Total Pages : 765 pages
Book Rating : 4.5/5 (216 download)

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Book Synopsis European Labour Law by : Brian Bercusson

Download or read book European Labour Law written by Brian Bercusson and published by Cambridge University Press. This book was released on 2009-07-09 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extensively updated second edition explores how individual European labour law systems combine to produce a distinctly European transnational system.

Research Handbook on the Enforcement of EU Law

Author : Miroslava Scholten
Publisher : Edward Elgar Publishing
ISBN 13 : 1802208038
Total Pages : 581 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Research Handbook on the Enforcement of EU Law by : Miroslava Scholten

Download or read book Research Handbook on the Enforcement of EU Law written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.

Monitoring Fundamental Rights in the EU

Author : Philip Alston
Publisher : Hart Publishing
ISBN 13 : 1841135348
Total Pages : 289 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Monitoring Fundamental Rights in the EU by : Philip Alston

Download or read book Monitoring Fundamental Rights in the EU written by Philip Alston and published by Hart Publishing. This book was released on 2005-02 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to examine the creation and function of the EU Fundamental Rights Agency.

The Future of Remedies in Europe

Author : Claire Kilpatrick
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311644
Total Pages : 346 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Future of Remedies in Europe by : Claire Kilpatrick

Download or read book The Future of Remedies in Europe written by Claire Kilpatrick and published by Bloomsbury Publishing. This book was released on 2000-12-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies lie at the heart of European legal systems. They both reflect and shape the balance of power between states and individuals and between state and supranational institutions. These profound political implications can be better understood by thinking about the functional roles and institutional histories of remedies. These implications,roles and histories are considered in this volume of challenging and original essays on remedial systems in Europe. This book explores the lively and often controversial dialogues between courts, national and supranational, on remedies. In so doing, it addresses the adequacy of these dialogues in the light of perceived systemic goals, both in an overall institutional sense and as regards specific sectoral objectives or institutional actors' aspirations. In particular, the book looks at the way in which remedies in the EC legal order interact with those in other legal orders such as the Council of Europe and private international law. It also identifies problems of interaction between different Council of Europe mechanisms under the Convention on Human Rights and the Social Charter. The book also examines the contribution of courts to remedial systems by considering other methods of formulating and redressing claims. Contributors: Claire Kilpatrick, Takis Tridimas, Leo Flynn, Antonio Lo Faro, Carol Harlow, Steve Weatherill, Bernard Ryan, Miguel Poiares Maduro, Henry G.Schermers, Angela Ward, Paul Beaumont, Robin White, Phil Syrpis, Tonia Novitz, Richard Rawlings.

Globalisation and Jurisdiction

Author : Pieter J. Slot
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123075
Total Pages : 323 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Globalisation and Jurisdiction by : Pieter J. Slot

Download or read book Globalisation and Jurisdiction written by Pieter J. Slot and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The spectacular growth of the international economy over the past decades has called for a more intensive role for the law, and probably also a different kind of law. In 2002, the Europa Instituut of Leiden University convened a seminar to discuss the various responses to the challenges posed by globalism in different fields of economic activity and legal practice. Their presentations are presented in this book in a more formal and extensive format.

The Transformation of Labour Law in Europe

Author : Bob Hepple
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315356
Total Pages : 412 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Transformation of Labour Law in Europe by : Bob Hepple

Download or read book The Transformation of Labour Law in Europe written by Bob Hepple and published by Bloomsbury Publishing. This book was released on 2009-09-02 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: The labour laws of European democracies all underwent major transformations in the seven decades after the Second World War. Following reconstruction, these laws became an essential element in the building of welfare states; in the 1980s and 1990s they were the target of neo-liberal deregulation; and at the beginning of the 21st century new 'flexible' labour laws have attempted to integrate economic and social policy. This book, a sequel to 'The Making of Labour Law in Europe- A Comparative Study of Nine Countries up to 1945' (ed. B Hepple), compares the similarities and differences in the ways in which EU Member States reflected and shaped these general developments, in the context of economic, social and political changes over the period 1945-2004. Note: the Publishers are issuing a reprint of the first volume, 'The Making of Labour Law in Europe - A Comparative Study of Nine Countries up to 1945' to coincide with publication of the sequel. The great strength of the collection is on the focus on context, with chapters looking at developments in labour market trends and structures of worker represntation.

The Law on Age Discrimination in the EU

Author : Malcolm Sargeant
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125221
Total Pages : 262 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law on Age Discrimination in the EU by : Malcolm Sargeant

Download or read book The Law on Age Discrimination in the EU written by Malcolm Sargeant and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book--written by national experts in eight Member States and at the EU level--considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: * what legislation has been adopted in each country * the development of the case law that exists in some States * the demographic imperative existing in each country * measures taken to improve the position of young people * retirement and the exit from the workforce of older workers * the approach and case law of the European Court of Justice As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study

The Charter of Fundamental Rights of the European Union and the Employment Relation

Author : Filip Dorssemont
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922679
Total Pages : 707 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Charter of Fundamental Rights of the European Union and the Employment Relation by : Filip Dorssemont

Download or read book The Charter of Fundamental Rights of the European Union and the Employment Relation written by Filip Dorssemont and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).

The Changing Face of European Labour Law and Social Policy

Author : Alan C. Neal
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123121
Total Pages : 193 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Changing Face of European Labour Law and Social Policy by : Alan C. Neal

Download or read book The Changing Face of European Labour Law and Social Policy written by Alan C. Neal and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the realm of European employment law, tension exists between the concepts of 'economic policy' and 'social policy.' During recent years, a growing tendency to emphasize the 'economic' at the expense of the 'social' can be discerned. What this trend gives us'in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume'is a regime of 'grand declarations' about workers' rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including:problems arising in the context of the Nice Charter;delivering 'equality' at the workplace under the new EU legal framework;the crisis facing workers' participation in practice;the prospects for trans-national collective bargaining;employment-related aspects of human rights under the ECHR; and,attempts to establish effective protections in relation to the working environment. Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission's 'scoreboard' on the implementation of the Social Agenda as of 2002.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.

Labour Law and Sustainable Development

Author : Valentina Cagnin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520817
Total Pages : 270 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Labour Law and Sustainable Development by : Valentina Cagnin

Download or read book Labour Law and Sustainable Development written by Valentina Cagnin and published by Kluwer Law International B.V.. This book was released on 2020-06-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What’s in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable’ labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.